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Jul 27, 2010 12:16 AM
#1

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I say about a good 90% of the users on this site have admitted to downloading anime to their HD. What I want to know is what is the technical legal mumbo jumbo that condemns or accepts our downloading hobbies?
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Jul 27, 2010 12:17 AM
#2

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It's not.

No excuse will help you.

We do it anyway.
Jul 27, 2010 12:21 AM
#3

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yeah download it !!
Jul 27, 2010 12:24 AM
#4

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Well, if you download the anime from, say, FUNimation's website and payed for it - that's legal.

If you download a torrent (likely of a funsub) without paying for it - that's illegal.

But 99.9% of people don't care and typically take the illegal route to get their anime fix.
Jul 27, 2010 12:25 AM
#5

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If you want to watch anime legally, have fun paying shit tons of money for DVD's and having a significantly smaller selection to choose from.

Or watching 1 episode every saturday on adult swim or something, lol.
kingw0rmJul 27, 2010 12:53 AM
Jul 27, 2010 12:39 AM
#6

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No, unless you pay it. (It may be not legal if they don't pay for the owners, but you can't know).


Jul 27, 2010 12:56 AM
#7
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GreyWinged said:
skutieos said:
If you want to watch anime legally, have fun paying shit tons of money for DVD's and having a significantly smaller selection to choose from.


People need to learn to bargain hunt and use Ebay, Craigslist, sales, coupons, and classified ads to their advantage.

Anime doesn't have to be expensive.


Anime's still expensive for those who download it, cause for them (+me) it just costs the amount of time the pc's been on in electricity bills. If that makes sense.
Jul 27, 2010 2:19 AM
#8

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It´s illegal, but i dont care .....
Jul 27, 2010 2:45 AM
#9

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Depends where you're from, too. Here in the Netherlands, it is perfectely legal to direct download anime, though torrenting isn't.
Jul 27, 2010 2:49 AM

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I know distributing is illegal... but,
I'm not sure if downloading is illegal...

Is there a page in law clearly state that we can't download stuff like fansub?
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Jul 27, 2010 2:52 AM

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I was always told: "sharing is caring" and by using torrents I get to share with other people, I'm just trying to be a good person, whether it's legal or illegal.
Jul 27, 2010 2:54 AM

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I still firmly believe that we should live in world where information is free including all media, that is a very beautiful world and one that will never happen lol.

Jul 27, 2010 3:03 AM

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PurplePenguin said:
I still firmly believe that we should live in world where information is free including all media, that is a very beautiful world and one that will never happen lol.


i wish for that world :]
Jul 27, 2010 3:08 AM

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BlackSnake56 said:
PurplePenguin said:
I still firmly believe that we should live in world where information is free including all media, that is a very beautiful world and one that will never happen lol.


i wish for that world :]


Perhaps we should all band together to create this world...

Jul 27, 2010 3:25 AM

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GreyWinged said:
skutieos said:
If you want to watch anime legally, have fun paying shit tons of money for DVD's and having a significantly smaller selection to choose from.


People need to learn to bargain hunt and use Ebay, Craigslist, sales, coupons, and classified ads to their advantage.

Anime doesn't have to be expensive.
I agree with GreyWinged, and also: you can watch and buy anime legally and still indulge in the advantages of the illegal content. It's not like things have to be black or white with no middle ground. Just watch what you want to via fansubs/rips, then buy what you like when/if it's available in your area. Maybe mix in a few blind buys of shows that seem appealing based on reviews/word-of-mouth.

Or watching 1 episode every saturday on adult swim or something, lol.
There's this thing called Internet streaming out there, and there's plenty of free legal streams as well as the illegal ones. No direct costs or [as] scheduling bullshit to deal with.

I still firmly believe that we should live in world where information is free including all media, that is a very beautiful world and one that will never happen lol.
Then how will media creators eat, shelter, feed, and clothe themselves? That's why it won't happen, and why the "I should never have to pay for any anime" model isn't sustainable in the present either.

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Jul 27, 2010 4:29 AM

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PurplePenguin said:
BlackSnake56 said:
PurplePenguin said:
I still firmly believe that we should live in world where information is free including all media, that is a very beautiful world and one that will never happen lol.


i wish for that world :]


Perhaps we should all band together to create this world...


in such a world anime ant the likes wouldnt exist on this level, or do you really think that anyone would work for free. anime and manga dont grow on trees
Jul 27, 2010 4:50 AM

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Xjellocross said:
It's not.

No excuse will help you.

We do it anyway.


This.
.
Jul 27, 2010 5:16 AM

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Psyclipse said:
PurplePenguin said:
BlackSnake56 said:
PurplePenguin said:
I still firmly believe that we should live in world where information is free including all media, that is a very beautiful world and one that will never happen lol.


i wish for that world :]


Perhaps we should all band together to create this world...


in such a world anime ant the likes wouldnt exist on this level, or do you really think that anyone would work for free. anime and manga dont grow on trees


still piracy is at large ......and most of us ...likes it
Jul 27, 2010 6:20 AM

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It actually is, as long as it's not licensed in your country (happens to be the case of most anime people want to watch though)

Basically, it's not illegal in your country. But it is illegal in Japan. So you're breaking a law of a country that is not yours, but that directly affects them as if you were there.
Waratte Oemashou Sore ha Chiisana Inori
Jul 27, 2010 6:27 AM
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The real question you must ask:

Will I get caught if I download anime:

The answer is : No.

Jul 27, 2010 6:27 AM

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whats the point of having high internet connection if we r not downloading stuff for free?
Jul 27, 2010 6:27 AM

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whats the point of having high internet connection if we r not downloading stuff for free?
Jul 27, 2010 6:33 AM

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I never download anime. I always watch subbed and ready to watch versions on anime sites. That includes FUNimation's Youtube channel on the occasion.




Jul 27, 2010 7:49 AM
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Xjellocross said:
It's not.

No excuse will help you.

We do it anyway.


I'm not paying $50 for a bootleg of Heavy Metal L-Gaim. And considering that's basically the only thing I'm getting close to English subs, no thanks. :s That's my excuse. *Nods*

Until I've properly masted the Japanese language (Don't see that happening); no raws for me. :\
Jul 27, 2010 8:05 AM

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Akamitsu said:
I never download anime. I always watch subbed and ready to watch versions on anime sites. That includes FUNimation's Youtube channel on the occasion.


Heh... Easy to be you. I live in New Zealand, FUNimation blocks us even on Youtube... Don't blame me for downloading stuff if you're not even allowing me to watch...

(Seto no Hanayome was blocked too, I can't even watch the OP and ED on youtube, although I could recently, donno why.)
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Jul 27, 2010 8:43 AM
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I agree that the question is really about enforceability. It's tough to plop down big bucks on an anime series you may or may not like. If you want to watch a short series, you're paying for only a few hours of animation. If you're into a longer one, heh, you better be ready to buy 4, 5+ seasons on separate DVDs.

For US users, it's much less likely you'll get prosecuted for downloading (torrenting) anime than you will for downloading movies or music. RIAA and MPAA are two of the major groups prosecuting illegal downloading of music and movies, respectively, in the US. They won't go after you for downloading things made in a Japanese studio. And I've never heard of a Japanese company going after Americans for bit torrenting fansubs.

That said, I am consistently surprised at how many decent quality streaming websites there are. If you want to watch a more mainstream anime, I'd suggest trying to find it online. If you're looking for something more obscure, well, no one will ever know :D
Jul 27, 2010 8:46 AM

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Generally, it's illegal but hey who gives a damn. 9 out of 10 people do it.
Jul 27, 2010 9:55 AM

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Jb1528 said:
What I want to know is what is the technical legal mumbo jumbo that condemns or accepts our downloading hobbies?
Since you appear to be in the USA, here are the specific aspects of 'technical legal mumbo jumbo' that apply to illegal anime downloading done by non-authorized routes, etc.:

1. The crime in the USA is currently defined under criminal law in Title 17, Section 506 of the United States Code, which describe the criteria for criminal copyright infringement. However, for this part of the code to apply, one generally needs to be involved in production and redistribution, and also a level of willful intent has to be shown, as possession is not by itself evidence under this part of the code.

2. Things that could start a civil infringement (the ones where the companies sue you in court, rather than the government) are also listed under the rights of copyright holders under 17§501. This is the part where public display (e.g., an anime club, conventions) would fall.

3. Since most modern copyright infringement is done using the Internet, it also falls under the Digital Millennium Copyright Act, which take these rules in US Code and places strict requirements on ISPs and the like to follow through with suspected copyright violators and assist copyright holders. This is the manner through which most on this site would ever run into a legal question on anime, and even this simply acts as a "buffer" between the end-downloader and the real teeth of the law, which reside in the stated US Code sections. DMCA notices require copyright holder action, however, and once notified, the offender can avoid further action by simply removing the infringing material.

4. All of these rules originate from the Berne Convention for the Protection of Literary and Artistic Works ("Berne") which the vast majority of countries and 99.99% of the readership of this website are signatories to. An author's work is protected in any signing country, even if it has not been "licensed" to be sold. In Berne's viewpoint, a Japanese author is afforded the same protection as an American author or an Australian author or a Peruvian author.
  1. Article 2 of Berne required that signatories incorporate the rules within their own respective national laws, as the US did above.
  2. Article 7 of Berne defines the term that cinematographic works (e.g., anime) will be protected (minimum 50 years).
  3. Article 8 of Berne says that authors have "exclusive right" of making/authorizing translations. What this means is that fansubs, beyond the fact that the base video/audio is infringing, is also an illegal translation. Same for scanlations.
  4. Article 16 of Berne says that infringing material can be liable for seizure.
Although the levels to which each county implements Article 2 vary wildly, they are all theoretically held to it.

Executive Summary:
  • Anime acquired outside of authorized agents (e.g., raw downloading, fansubs, etc.) are illegal in almost all countries, regardless of "licensing status"
  • Fansubs are additionally illegal due to the fact they're unauthorized translations
  • Each country is required to implement specific mechanisms to enforce this. Some are more strict, typically the ones whose residents have more to lose.
  • Except for egregious offenders, typically it is never prosecuted criminally, although civil notices (such as under DMCA) are sporadically sent out, although those have to be initiated by the copyright holder.
Jul 27, 2010 10:32 AM

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who's gonna stop us NOBODY not even Bill Gates
Jul 27, 2010 3:46 PM

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Downloading fansubs is illegal, but I think you'll be ok just as long as you do not bootleg them online. But I think if you own a dvd of a certain series and you have it downloaded as well, it technically is legal(in a sense)
Jul 27, 2010 3:55 PM

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It's obvious that it is. It's not like everyone is willing to wait for years/months for a series to be licensed and sold in their country.

bokami said:
whats the point of having high internet connection if we r not downloading stuff for free?

Dude, are you sure you're on the right track?
Jul 27, 2010 4:00 PM

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Answer: Yes. But people do it all the time. Like bootlegs.
Jul 27, 2010 4:38 PM

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It is illegal to download copyright materials, but it is not illegal to share a file, in other words, file sharing is not illegal.
Jul 28, 2010 6:36 PM
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ladyxzeus said:
It actually is, as long as it's not licensed in your country (happens to be the case of most anime people want to watch though)

Basically, it's not illegal in your country. But it is illegal in Japan. So you're breaking a law of a country that is not yours, but that directly affects them as if you were there.


This is not true. It's illegal whether or not it's licensed in the country you live in or not.
Jul 29, 2010 2:02 AM
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Huh, you people talk only about downloading it or buying.
What about borrowing?

From some DVD rental.

Jul 29, 2010 2:17 AM

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ladyxzeus said:
It actually is, as long as it's not licensed in your country (happens to be the case of most anime people want to watch though)

Basically, it's not illegal in your country. But it is illegal in Japan. So you're breaking a law of a country that is not yours, but that directly affects them as if you were there.


Haha... yeah guys. Learn2pirate.

General rule of thumb is if its point of origin is in another country (Russia,Japan,Korea instead of USA for me) it's basically a free for all. International internets do not hold any legality because of its vastness and many loopholes. I.e. Demonstration purposes only or private demos.

It's only illegal when it gets registered/licensed in your country and someone in that country owns the rights to said product/item/anime. Because once its in their hands, they have the ability to sue or imprison down-loaders because its now considered piracy.

EDIT: Iri said it right... but no Japanese lawyer is going to spend egregious amounts of money to sue a middle-class worker. Untill they find an easier way to mass sue everyone, the individual is fine.

ISP's on the other hand, you're at their mercy. But for the most part the MPAA is the only company that has ever halted my internet service.
RanivusJul 29, 2010 2:22 AM

"What happens when we die?" I know that the ones who love us will miss us.
Jul 29, 2010 2:24 AM
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If course not, If you download anime you officialy will become a Pirate !


http://www.cristgaming.com/pirate.swf
Jul 29, 2010 2:30 AM
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Sleepy

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It's only illegal if you get caught
Jul 29, 2010 4:02 AM

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i dont download...i watch it on anime sites :3

but i also buy anime...if i have the money ^^

though, if could, i would download >.>
Jul 29, 2010 8:47 AM

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No.
Jul 29, 2010 9:33 AM

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Most of it isn't unless a company has free episodes up to view like FUNimation... but we all do it I'm afraid.
Jul 29, 2010 12:07 PM

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Well well,

If you ask a big company, they will want to arrest all of us.

If we stick to the big companies we will wait YEARS to see a given anime or manga released, and in some cases it may NEVER happen (Cannon God Exaxxion was abandoned by DH...Gall Force REvolution never came....Yamato lat movie has not come yet....the list goes).

The big companies take years to subb a series, and fansubs out there make it in days...

To store animes in file format is tidier and easier than in disks so the experience is even better when we collect them in HD...


The whole matter needs to be reworked. The torrents and dd out there will not stop and in time an answer in the middle ground will need to be reached, where everybody wins a bit and looses a bit.
Jul 29, 2010 12:59 PM

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VoidHawk said:

The big companies take years to subb a series,

Not in 2010 they don't.
Jul 29, 2010 1:39 PM

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I think it's not illegal to download anime which not licensed in my country. I'm from Russia, our DVD/Blu-ray regions are 5/C and Japan got 2/A. And wtf I'm suppose to do? Waiting for licensing?
btw I like 1 russian licensor (reanimedia) and I got all their releases. But thats all the have:
Ookami to Koushinryou
Tengen Toppa Gurren Lagann
Top o Nerae 2! / Diebuster
Toki o Kakeru Shoujo
Petshop of Horrors
Suzumiya Haruhi no Yuuutsu
Byousoku Go Senchimetoru
Haibane Renmei
And only 2 licensors bigger than that (by licenses amount).

So... LONG LIVE TORRENTS :D
Jul 29, 2010 4:21 PM
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garfield15 said:
VoidHawk said:

The big companies take years to subb a series,

Not in 2010 they don't.

Pretty much. Current licensing companies put out subs for the series they've licensed online months before it's released on DVD/Blu-Ray. Even then there are sub only releases which come out very quickly and hybrid releases are out from a few months to a year at the latest.

So "years" is in accurate for 2010. Maybe in 90s and the early 00s this would be true
Aug 1, 2010 11:01 PM

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thelastbender said:
Huh, you people talk only about downloading it or buying.
What about borrowing?

From some DVD rental.
DVD rental is perfectly legal, since money goes to the anime company when the rental operation buys them. And IIRC, stores pay several times retail price for the rights to rent DVDs.

Borrowing from friends who own legitimate copies is fine too, since somebody made a purchase before you're able to watch a borrowed copy. Plus, that borrowed copy is temporarily unavailable to the original owner while it's lent out, so it's still only 1 copy in circulation.

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Nov 25, 2010 2:48 PM

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Romanian law: download to your PC, fine. Distributing it, not fine. Torrents? Since they also upload while downloading, they could be considered as distributing. The catch? Cops don't give a crap, and we have no net police. Result: download till the cable melts, just don't see the DVDs.
Nov 25, 2010 2:58 PM

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Xjellocross said:
It's not.

No excuse will help you.

We do it anyway.


although it's illegal to download...
we can watch it stream... and that's totally legal...
Nov 25, 2010 3:29 PM

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I just watch my anime on sites, I never download. xD
Nov 25, 2010 3:37 PM

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SwordWielder said:
Xjellocross said:
It's not.

No excuse will help you.

We do it anyway.


although it's illegal to download...
we can watch it stream... and that's totally legal...


No, if you stream from random anime sites (so not official sites like funimation, crunchyroll ect.) it's totally illegal, because streaming is essentially the same thing as downloading. Everything you stream is downloaded and temporarily storaged in the cache of your computer.
This is why when you re-watch a video on youtube the bar is already all red, because you already have it on your hard disk and you don't have to download it again.
And yes if an ISP was going to check your internet traffic, it would track down your anime "streaming" as easily as the one downloading anime.
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