YourMessageHere's Blog

Back to YourMessageHere's Blog

ANIMESTEAM

A PROPOSAL FOR THE CONSTRUCTIVE AND
PROFITABLE RECONCILIATION OF LEGITIMATE ANIME
DISTRIBUTION AND THE FANSUB COUNTERCULTURE

The Problem:

Anime is translated and distributed worldwide. This is done both for cash and for free. This is also done legally and illegally, to varying degrees.
The only way anime creators, distributors and publishers can get a return on their production output is if people pay for it. The only way to ensure a future for anime and for a fan to express gratitude and appreciation for the work of the anime industry as a whole is to pay for it somehow.
Some say these businesses are being hurt by the free distribution of fan-translated anime distributed via distributed peer-to-peer networks on the Internet - by fansubs. On the face of it, fansubs might appear to only hurt the anime industry, violating intellectual property rights and completely undercutting legitimate retail releases as they do. Figures, on the rare occasions they are forthcoming, and even rarer occasion they are actually demonstrably trustworthy, appear to support this.
However, many worldwide fans have little or no access to anime other than by this route - even in Japan, anime is not prominent on TV. Abroad, only a very few non-dedicated anime channels will show it occasionally, and very few countries have dedicated anime channels. Where they do, they remain subscription-based channels, far outside the income of their intended audience demographic.
Furthermore, while some fans will watch only the free version and never spend money on it, this problem is far from unique to anime – the existence of freely available media recording devices and blank media, from the earliest cassette tape and VHS recorders, through recordable Minidiscs, CDs, DVDs, to today’s hard disc based PVR technology, not to mention the increasing ease with which PCs can be connected to home entertainment systems, means any broadcast media can and will be recorded and enjoyed for free. I have no figures whatsoever, but based on the heightened strength of feeling for the material among the anime fanbase compared to conventional TV, I expect the disparity between audience figures for anime shown outside Japan on TV and sales of the series DVDs etc in that territory is actually smaller than with a mainstream TV series like 24.
Downloading Fansubbed anime is the information age’s equivalent of recording it on blank VHS tapes, and distributing it via filesharing is the information age’s equivalent of buying a VHS recorder, and having the profits of the sale feed into the manufacture of more VHS recorders.
If this were truly problematic, as certain elements of the recording industry tell us, media retail would already be in total meltdown. The reality, as the paying (and illegally duplicating) public perceive it, is demonstrably far from that: they may whine about piracy, but movie budgets are still growing higher than ever, there’s no appreciable effect on the music industry’s sales, and anime is more popular than ever worldwide.
Fans like myself who believe in paying artists for their work will see the fansub, then if they like it, buy the series when it is released in their country – just as with any TV programme broadcast domestically. Some will even import legitimate releases in their language from other countries. The existence of the global illegal anime distribution network has arguably created more legitimate, paying anime fans outside Japan than any other factor. Personally, I'd go so far as to say that the anime industry outside Japan owes its existence almost completely to the efforts of the fansub community.
Anime releases by official licensees continue to be plagued by allegations of poor quality translation and/or dubbing and unnecessary censorship. Many fans that buy official releases are primarily buying to support the industry, rather than for the anime itself; they may buy the localised releases but they often prefer translations by unpaid enthusiasts to the “professionally-translated” official releases or dub tracks. Editing and script decisions also continue to have a dramatic effect on the end result, both in terms of cuts that can impact on the show greatly, and the easily avoidable and frankly inexcusable scourge of “dubtitling” (using the dub script for the subtitles rather than a translation of the Japanese audio), both unknown problems in fansubbing. Fansubs, by contrast, often provide on-screen translation notes that can be both interesting and informative, virtually unknown on official releases.
Quality of basic programming is also an issue standing like an elephant in the corner. Declining sales figures, from my purely subjective point of view, seem to accompany an increasing reliance on formulaic plot and characterisation and flashy CG visuals and general dearth of originality or verve (there are still some exceptions, of course). There seems to also be a proliferation of the basic number of series out there; this could easily be argued to be quantity gained at the expense of overall quality. Most of the successful series of recent times have stood out precisely because they stand out in some way – they do something more and/or better than and/or differently to their competition. Surely one all-round hit is worth several misses?
Prices are also high, both in absolute terms in many European states, and in relative terms in the US. This may be an unavoidable consequence of the size of the industry limiting it, but it is nonetheless unfortunate, and unavoidably a major factor that makes downloaded fansubs attractive. Aside from making the intended market unable to afford the product as readily as might be desired, it also makes the anime market a ripe sector for bootleggers.
This, of course, deals with the market outside Japan. Domestically, I for one wonder that any anime on DVD is ever sold at all; a maximum of three episodes per disc, usually two, at a higher comparative price than even western releases of double the size. Analysts of piracy’s effects might want to consider making anime cheaper domestically before blaming international piracy for revenue drops. Pile ‘em high, sell ‘em cheap, that’s a maxim that proves itself time and again in retail. Want to shift stock? Drop the price.
Because of the sizeable partial dependence of the legitimate anime industry on the illegal distribution of fansubs for publicity and marketing, most of the industry is unwilling to take any action against fansubbers or even make their legal stance on the matter explicit.
This in turn leads to the rise of an attitude among many that fansubs are perfectly OK. The majority of fansub watchers are not aware of the fact that fansubs are technically illegal. The eighth and ninth articles of the Berne Convention are unknown to most. A "legal grey area" has come to exist, if not in law then in the minds of most concerned people. Some have even come to believe that they have some sort of right to download and watch fansubs for free, and see anime distribution companies as 'the enemy'.
The anime industry has yet to amicably come to terms with the fact that the majority of fansubbers support the industry. Most groups will voluntarily withdraw their downloads and torrents and torrent seeds when a license is agreed. The easy availability of those minority of torrents tagged [anonymous] sends a crystal clear message that it would be very easy indeed for all fansubbers to do this. Instead, they mostly choose to ignore the intellectual property rights of series that are not licensed and thus not available for purchase (and losing no-one any money) in the regions where the languages the subs are provided in are spoken, and choose to respect the intellectual property rights of licensing firms once there exists the possibility of anime fans acquiring the series they sub legally.
Conversely, worried by declining sales figures and buoyed some "successes" for the RIAA and MPAA's anti-piracy efforts, some in the anime industry are beginning to think the time is coming when action can be taken against fansubs, disregarding how much their industry relies on the existence of fansubs and those who first experience the series they sell through technically illegal downloads. The industry’s response to fansubbing of series’ they announce a licensing deal for? Cease and Desist letters. A straw poll of those license-defying [anonymous] fansubbers would probably reveal that they do what they do because they judge satisfying the public demand for episodes to be more important than the ethical high ground of not subbing – it’s not a matter of “sticking it to The Man”, but the more C&Ds get passed round, the more support that attitude gains.
The timing of some license announcements, closely linked to this, also seems like behaviour little short of direct provocation, such as the tremendously popular Death Note, whose licensing agreement was announced barely three episodes from the end, creating a dilemma for more moral fans desperate to know what happened but unwilling to wait the two years plus before the relevant climax might be within their grasp.
The recent business with Odex in Singapore is arguably the tip of an iceberg. Their practice of sending out letters to downloaders threatening to sue unless they reach an out-of-court settlement running into several thousand dollars has provoked an outraged reaction among the anime fan community. Others such as GDH head Arthur Smith make a fairly strong and reasoned case against fansubbing, but on closer analysis, discount many obvious factors (such as those mentioned above) in their argument; to anyone who can read between the lines, they start to look like they’re propagandising, not making a plea. Irrespective of this, both extremes neglect the fact that most anime fans don’t appreciate the bigger picture; they simply like this anime and there it is on the Internet. The same is true of those who buy bootleg copies – many people don’t know what’s legit and what’s not, and others don’t realise that that cheap box set is bootleg until they receive it—and while they’re demonised by industry rhetoric, eBay still heaves with bootleg anime, and it appears for all the world that no-one can be bothered to do anything about it.
One begins to see, perhaps, why some see the industry as 'the enemy'.
Essentially, some fans are willing to buy a series, and some are not. Nothing can be done about those who will never pay. This attitude has existed ever since consumer media recorders became affordable and will persist through any legal threat or technological advance. The best you can do is to make the illegal alternative that bit harder to obtain, and make the legal alternative easier.


What is needed:

· A way to provide anime to fans in such a way that it creates a return for the industry without the fans being charged an alienatingly large fee for it;
· A way to make legally downloading anime simple and convenient for everyone.
· A way to adapt the industry's formats to keep pace with what amounts to one of the most technologically aware and cutting-edge customer bases around;
· A way to provide more money for the production of new, high quality anime that people will want to buy;
· A way to blend the generally superior translations and enthusiasm beloved of fansub enthusiasts with the dub availability, extra features and moral correctness of the officially licensed product
· A way to bring the world of fansubs and the legitimate regionalisation world together in such a way that both can concentrate on anime, rather than on hating one another;
· A way to make it clear what is the “right thing to do” and what is not;
· A reason for anime fans to love anime distribution companies.

…enter Steam, stage left.


What Steam is:

A digital distribution network for PC games created by Valve software. You either buy a steam game on a disc from a physical shop, and it installs steam when you install the game from the disc, or you download steam free first and install it, then use its built-in shop to buy the game from the online Steam shop and download it, bypassing discs. This system is fully functioning, popular and used today by millions of gamers.


Why is Steam good?

· Many major games from many major developers are available through steam, and often cheaper than in retail form.
· Using Steam is free. Games are the only thing that costs money – no subscription required, and only a tiny free download and simple install to start using the service.
· Game developers save money, in that when they distribute via Steam, they do not need to pay a publisher to distribute physical copies to physical shops.
· Some of this saving is thereby passed to the consumer.
· Steam also automatically updates your games, and functions as an exclusive portal for playing these games, protecting against piracy fairly effectively.
· When you preorder a game, it pre-loads it before release, and on release day, it unlocks it and you can play the game the moment it's available – in effect, instant access to new stuff.
· However, if you want to, you can disable automatic preloading or updating to preserve bandwidth, if you happen to have a usage cap.
· Users can delete or uninstall anything they like, and redownload it for free - when you buy a Steam game, you buy the right of access to it, rather than the specific download.
· Steam is very simple to use and contains many great features - a straightforward shop interface and an easy way to launch your games account for its basic functions, and recently it has added a community aspect, including the ability to voice chat, see what your friends are playing, and send instant messages to friends while in-game (like the XBox Live service).
· Users can apply different skins to Steam and even make their own, giving rise to a fairly creative community.
· Perhaps most importantly, Steam is a concept that is proven to work, and which is popular with most of its users.


What does this have to do with anime?

WHAT IF…anime studios and distributors and the fansubbing community clubbed together and offered really cheap subbed anime episodes in a similar fashion to Steam?

What if there was AnimeSteam?

Studios and Japanese publishers could pay fansubbers a modest amount for their work, in return for exclusivity regarding distribution of the download.
Once a show was licensed for release in a particular country (determined by the user’s IP address and billing details), it would become unavailable to AnimeSteam users in that country, including the copies already downloaded, unless users bought the series. Video files would only be usable through AnimeSteam, and be watermarked so that anyone who adapted them to work outside AnimeSteam would be clearly breaking the rules.
This could be buying the DVD, in which case each DVD would include a code similar to the CD keys that come with games, allowing you access to the steam version of the series. These codes would be unique to each individual DVD, contained in data form on the disc (i.e. readable only by AnimeSteam) to prevent codes being sold.
Alternatively, you could buy the series (that is to say, buy the right of access to the series from AnimeSteam) in digital form directly from the service's shop. However, the money you spent on episodes would be deducted from buying the digital download version, and since this would not involve packaging or the logistics of physical distribution, even if you didn’t buy the episodes before licensing, it would be a bit cheaper than DVD anyway.
Bandwidth would be saved by using a modified version of BitTorrent, or a similar distributed network protocol using centrally provided seeds, for downloads (similar to the patch utility for World of Warcraft, except done better). Centralised seeds would allow the service to easily be controlled and restricted according to the license status for any given user’s country.

AnimeSteam products and (provisional) prices – an overview

------------------------------Available In Japan-----------Available outside Japan

Initially Available----------Raw releases------------------Fansubbed releases
----------------------------------¥100 each----------$0.50 (or regional equivalent) each

Attributes---------Purchased and downloaded-----Purchased and downloaded
------------------------via AnimeSteam shop,-----------via AnimeSteam shop,
-------------------------Japanese audio only,-----------Japanese audio only,
----------------------selectable Japanese subs---------selectable English subs


Available for----Domestic retail digital releases-----Licensed retail digital releases
download at------¥600 each (¥500 if the user--------$3 each ($2.50 if the user
retail release-----has already bought the raw)------has already bought the fansub)

Attributes--------Purchased and downloaded------Purchased and downloaded
----------------------via AnimeSteam shop,-------------via AnimeSteam shop,
----------------------Japanese audio only,-------------selectable Japanese and
-------------------selectable Japanese subs,----------English audio, selectable
----------------available for Japanese account-------English subtitles, includes
-------------------holders, includes DVD-type-------DVD-type extras and detailed
---------------------extras, replaces Raws-------------translation notes, replaces
-------------------------once released----------------------fansubs once released


Available in-------Domestic DVD releases------------Licensed DVD releases
shops and for----¥900 per episode (¥1800----------$4.50 per episode ($18
direct mail ------for a 2-episode release, etc)----for a 4-episode release, etc)
order at
retail release

Attributes-------Mail ordered from AnimeSteam----Mail ordered from AnimeSteam
--------------------shop, Japanese audio only,------shop, selectable Japanese and
-------------------selectable Japanese subs,----------English audio, selectable
----------------available for Japanese account-------English subtitles, includes
-------------------holders, includes DVD-type-------DVD-type extras and detailed
-----------------extras, includes right of access-------translation notes, includes
--------------------to retail digital release------------right of access to licensed
-------------------------------------------------------------------digital release

NOTE: All series will be subbed in English, but some may be subbed in other languages by other groups. For series subbed in languages other than English, only the account holder’s selected language is available to them on downloads. Series subbed only in English will still be available to speakers of other languages.


An illustrative example, using the sadly fictional show Combat Maid Academy:

1. Bee Train’s new show Combat Maid Academy, episode 1, airs in Japan on Monday.

- Bee Train pays a fansub group to quickly sub it and provides a high-quality raw file. They could pay multiple groups to sub in multiple languages.

-Meanwhile, they make the raw digital release available via AnimeSteam in Japan for ¥100 as soon as the episode finishes airing – Japanese fans can watch it on AnimeSteam, and keep watching it as they like until the DVD release.

-The fansubbed episode is quickly subbed, and released for DL worldwide via AnimeSteam for $0.50 (or approximately equal localised price) on Thursday.


2. Each Monday, Combat Maid Academy airs on Japanese TV. Each Thursday, the new translated episode is released for DL.


3. Once all 12 episodes have been aired, they remain available, for ¥100/$0.50 each or ¥1200/$6 for the lot.


4. The first volume of DVD goes on sale in Japan. From this point on, the episodes on the disc cannot be watched on AnimeSteam in Japan, even if you bought the original digital release, unless they are purchased in retail digital release form, or the disc code is entered.

-If you buy the DVD, as well as the pleasure of owning a physical thing that many find appealing, you get a unique, single-use disc code that entitles you to download and watch the digital release version too.

-Buying the digital release will be somewhat cheaper than the DVD, and if you already bought the fansub releases, you get the price you already paid knocked off the digital release too.

-Once you buy the digital release or enter the DVD code, you can download, watch and delete the episodes you own as many times as you like.


5. ADV license Combat Maid Academy in the US. From this point on, it cannot be purchased in the US, but if you've already bought it, you can still watch it.


6. ADV begins to release the series in the US. From this point, AnimeSteam stops US downloaders from watching whatever episodes are released, even if you already bought the fansubs, unless you either buy the right to own the licensed digital release, or you buy the DVD and enter the disc code.

-AnimeSteam downloaders outside the US can still buy the fansub for the equivalent of $0.50 and keep it. Restrictions only come into force if the series is licensed in their country.

-The licensed digital releases and the DVD (and the retail digital release in Japan) will both include dubs and extras that the fansub digital release (raw digital release in Japan) did not.


WHY THIS IS A GOOD IDEA

· This would safeguard people's intellectual property rights without criminalising anyone – anime is sold for profit in markets where it is licensed, and in unlicensed regions, basic copies are sold for low prices to cover the distribution cost (whose interest does enforcing the Berne convention serve here?).
· Legitimises downloading at minimal cost to individuals.
· People could keep downloading anime, but would be supporting its creators even more than we do when we buy DVDs.
· …because the ability to cut out the whole distribution chain and offering the option of packaging-free purchase lowers costs and maximises profits for the creators.
· By involving the fansubbing community, you gain experienced and respected translators capable of translating an episode fast, and at minimal cost.
· Involving the fansubbers also minimises the availability of illegal fansubs for those who continue to avoid paying
· …and it [turns your greatest potential enemy into your greatest ally.
· By charging a minimal fee you can cover your running costs such as keeping the network up and running (and maybe make a minor profit) so you can supply anime cheaply to everyone.
· Western distribution firms still profit by supplying the dubbed versions of licensed anime, and continue to put out DVD releases for those who prefer to own a physical object.
· Totally undercuts bootleggers while staying fully legitimate.
· Because you buy the right of access rather than the download, users need not worry about disc space or burning to DVD; if they run out of space, they can delete anything and redownload it whenever they please.
· Sets out a distinct "right way" to download anime - no more grey areas.
· Keeping episodes cheap makes it really easy to try new things.
· While the idea of AnimeSteam doesn't in any way actively stop existing distribution channels, look at how much iTunes has become accepted vs. illegal music downloads. iTunes, in the general public eye, is "the right way to get music off the internet"; Steam itself began small, with just the software house who developed it offering its own games, but now includes most of the biggest PC releases, and is now used and trusted by many gamers worldwide; the same could happen here for anime.
· While such systems are always exploited by a few people, the nature of this network is such that it can always be updated and the updates automatically applied to everyone. This would also include updates to codecs etc.
· Steam is an extremely effective way to combat piracy; it's possible to work round it, but not easy, unlike for most non-steam games. Piracy based on AnimeSteam files would probably happen, but because the program is constantly updated, this can be minimised.



WHAT IS REQUIRED

· Initial outlay of money, obviously. Possibly a reasonable one-time membership fee following a free-to-use trial period (¥1000/$5) would help recoup this, although it might also drive people away.
· A network of servers across the world. However, if this is going to be based on BitTorrent or a similar peer-to-peer distributed network, the server infrastructure needn't be as big as Steam currently is.
· A video format that is unique to AnimeSteam which uses modular software subtitles (similar to *.ass files) and can be watermarked.
· The ability to protect the exclusivity of the file format.
· A piece of easy-to-use, highly customisable (skins etc.) video player and library utility software, compatible with Windows, Mac and common forms of Linux.
· Some minimal but detailed publicity; once word is out, existing online communities would make this well known in hours. Its merits speak for themselves.
· Flexibility and openness to new ideas from the industry and from fansub groups.


Future Directions for AnimeSteam

Assuming that the basic service proved successful and profitable, there are a number of options that would be open to AnimeSteam as avenues for development.

· Other media – Manga, J-Dorama, Anime-related games
· Clever authorship of the file format might make it possible to work some fairly benign DRM ideas into it – for example make files unique to the account that purchased them and non-functional if an illegitimate user tried to play them in their own account. The ability to frequently update the software makes it possible to continually refine the DRM to keep ahead of those developing workarounds. The desirability of this is however unknown.
· Steam community-like features such as integrated instant messaging or voice chat, or integration and interoperability with existing utilities such as mIRC and skype, could be used as secondary enticements for anime fans; friends could watch episodes together and chat with each other from opposite sides of the world. Public watching lists and a well-moderated forum or two would also be a major incentive for many, unless you simply used MAL.
· If the service became popular, it might be possible to develop a version of the AnimeSteam file format for and in co-operation with manufacturers of portable media players such as future iterations of PSPs and video iPods – and perhaps provide free portable versions of files for owners of retail versions alongside portable-only purchases priced lower than the retail releases.
· The AnimeSteam partnership could conceivably be extended to include other anime-related products, including digital music and mail order goods such as toys and posters (Steam already has a merchandise store like this).

Criticisms of Steam
Steam is good but not perfect. However I think all its flaws are fixable. Here are some common criticisms of the service and workable solutions to all of them.

· Some games are very expensive on Steam. By and large this is due to individual third-party publishers insisting on setting their own prices rather than letting Valve set the price. I would argue that this is undermining the basic aim of Steam in the first place and that Valve are in error for allowing individual game developers to do this. Services should exert their own rules on their customers without exception.
· The inability of gamers to play Steam games while not connected to the internet was never fully addressed, and causes difficulty to many more mobile users of the service. While an offline mode was added, it must be switched to while connected and steam must then be restarted, meaning that unexpected disconnections still render your Steam games inaccessible. I see this as, again, a basic fault of Valve's - instead of making it intrinsically connection-based, basically running AnimeSteam as an offline program that only uses the internet when you ask it to would eliminate this.
· In a somewhat connected point, some critics point to the uncertainty of the future. Problems with nominally similar services, such as the death of MSN Music that left buyers unable to use the MP3s they bought and with no redress whatsoever, are quoted to support this. However, since the key difference here is that you buy not the download but the right of access, no such problem need occur. Valve software have said that should they ever go out of business they will release a final update for the software that will allow users to use all their existing software without using the steam network. This is the basic reason why AnimeSteam is imagined as a download service and not a streaming media service. If the basic program is designed first as a local program, with internet connectivity not necessary for basic functioning such as playback of existing AnimeSteam video files, this need never occur.

I hope this giant tract has inspired someone. Please tell me what you think, especially if you can see any problems I cannot.