"New" Low - Hacking

[Adol]

[

Hmmm N-Bomb fro AiA... i never thought you looked at these forums..

And to DekaMaster, stop trying to be a drama hog..

[Kawaii_tsunami]

this might be irrelevant,
but many ppl have said that fansubbing is illegal no matter if the series is licensed or not....
but on many posts on forums.animesuki.com
ppl say that fansubbing is illegal
what im confuzzled about is...y is it illegal? i have a hunch that its owned by some japanese company...but im not too sure...

[zalas]

Originally Posted by Kawaii_tsunami

this might be irrelevant,
but many ppl have said that fansubbing is illegal no matter if the series is licensed or not....
but on many posts on forums.animesuki.com
ppl say that fansubbing is illegal
what im confuzzled about is...y is it illegal? i have a hunch that its owned by some japanese company...but im not too sure...

It is illegal because it involves distributing video without a valid license from the copyright owner and it is also illegal because it involves distributing a translation without permission, etc.

[Kawaii_tsunami]

im doing this project (personal interest project) and we get to choose our own topic and i ahve choosen FANSUBBING....and do u know where i can find a site that thoroghouly explains the laws or whatever of fansubbing (i want to getta good mark since im in grade 6....its gonna matter when i apply for a good high school)...im hoping this legal POV will earn me some good marks..!!

[Sylf]

http://members.tripod.com/~AvatarHR/legalfaq.html
http://forums.animesuki.com/showthre...ighlight=legal
http://www.google.com/search?q=legal...utf-8&oe=utf-8
You can do some basic searches to find lots of resources and answers for that.

[lomeando]

A nice thread on the subject is available at http://www.acen.org/forums/archive/i...hp/t-4238.html

The relevant portion:

Fansubs are in fact illegal in the United States due to the Berne Convention. Here is a quote from US Code Title 17:

17.1.106
"...the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

..."


Fair Use is often sited but section 17.1.107 illustrates that it is not applicable:

"...the fair use of a copyrighted work, (...) for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."

Fansubs are none of these things.

Article 2 of the Berne Convention states:

2.1 "The expression "literary and artistic works" shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression..."

and

2.6 "The works mentioned in this article shall enjoy protection in all countries of the Union. This protection shall operate for the benefit of the author and his successors in title."

Japan is part of the Berne Convention.

The only actual "gray area" in fansubbing involves the translation itself. According to Article 8 of the Berne convention:

"Authors of literary and artistic works protected by this Convention shall enjoy the exclusive right of making and of authorizing the translation of their works..."

This indicates that making translations of copyrighted works is illegal under the Berne Convention, but there has been some indication that distributing a translation, in written form, is actually legal.

Article 9 covers reproduction of a protected work. i.e. You can't make a copy without permission. It goes on to state:

9.3 "Any sound or visual recording shall be considered as a reproduction for the purposes of this Convention."

Article 12 covers adaptations of a work:

12.0 "Authors of literary or artistic works shall enjoy the exclusive right of authorizing adaptations, arrangements and other alterations of their works."

Also, any member of the Berne Convention has to uphold copyright of any other member of the convention if that member requests it:

16.1 "Infringing copies of a work shall be liable to seizure in any country of the Union where the work enjoys legal protection."

Please refer to the actual text of U.S. Code Title 17 (http://www4.law.cornell.edu/uscode/17/) and the text of the Berne Convention (http://www.law.cornell.edu/treaties/berne/overview.html).

Those are the laws that cover fansubbing. Short summary: distributing video illegal; translating illegal; distributing scripts maybe legal (with the permission of the translator, who holds the copyright, of course).

There are also various codes and policies that form fansubber's "ethics", which state how far we're willing to break the law. These vary from person to person, but the main gist is usually:

Cease distribution when a title is licensed in <locality of choice>.
Accept no monetary compensation (except perhaps the cost of physical media and postage, if mailing CDs, tapes, etc.).

Such rules are designed to ensure that we are working in the best interests of the Japanese companies who create anime, in the hopes that we will not be prosecuted. While some people try to play it even safer than the letter of the rules (avoiding titles like Gundam that are considered "automatic licenses", even if no license has been announced, etc.), many more slide the other way (replacing "licensed" with "released", not only distributing but actively subbing licensed shows, or even selling other people's fansubs on eBay at a profit). To date I know of no actual legal action against such people that would persuade them that they will be held responsible for their actions. However, some American companies have sent cease and desist letters to groups subbing or distributing shows they hold the licenses to. In theory, however, the entire fansubbing community could be served with such papers.

[Kawaii_tsunami]

THANK U!!! ..now here comes the hard part....o_O reading it.....i guess my main focus on my topic can be in the legalness area..

[ubb]

I think people here are defining right and wrong by the boundary the law provides. Let's say you're against homosexual marriages, and Bush allows it on the federal level (it'll never happen, but I need something to support my points), are you instantly going to change sides and support same-sex marriages?

Some people say it's bad because you're forcing access and abusing bandwidth, how is that any different than those 'legal distros' having no consideration on bandwidth fees like those ignorant fools who set unlimited upload with 2000 slots on kazaa? *cough anime-xtreme *cough. Aside from possibly getting a student in trouble, which only one guy pointed out, I don't see how having access for 100mbit lines for free because you're enrolled as a student any different than rooting a 100mbit and gaining unauthorized access. For the legal access, it can be stopped just by suspending the student's account, and for the illegal ones, as others have pointed out too, sysadmin should check bandwidth usage and make sure the computers are secure.

[Elepsis]

Oh, gee, so hacking is just fine because they're just trying to get what some other people have access to through legal means?

Free connection? Last time I checked, those students were paying their schools several thousand dollars to have those fast connections. It's included in the housing fees, you know?

These forums continue to amaze me...

[ubb]

As you said, tuitions pay for the school, not an i2 connection for people to abuse.

The thing is, legal or not, anime distro has been blowing bandwidth out of proportion and cost universities money, if people are saying the problem with rooted bots is monetary issues, then they should also include legal distro who has also been abusing bandwidth. As I stated before previously the only thing I find immoral about rooting is you might get a student in trouble for using their logins, and only one person out of this entire thread identified that reason.

[digitize]

Again as Elepsis said you pay for tuition and room & board, included in room & board is the cost for the internet. You're paying for it, so how is it immoral to make use of it. Now it is illegal to distribute copyrighted material but that another topic. You say rooted bots create monetary issues for universities.... it doesn't. They have the bandwidth as it is, rooted bots or not. Now I don't think this makes rooted bots fine, but my point is if you have a legit box at the university, it doesn't create monetary problems while using a decent amount of bandwidth... b/c again the university has the bandwidth already. If one was to use quite a bit of bandwidth, an admin would most likely warn the person, problem solved.

[Elepsis]

Originally Posted by ubb

As you said, tuitions pay for the school, not an i2 connection for people to abuse.

The thing is, legal or not, anime distro has been blowing bandwidth out of proportion and cost universities money, if people are saying the problem with rooted bots is monetary issues, then they should also include legal distro who has also been abusing bandwidth. As I stated before previously the only thing I find immoral about rooting is you might get a student in trouble for using their logins, and only one person out of this entire thread identified that reason.

By providing the connection, the university essentially enters in an agreement with the student: They provide the connection for the student to do whatever he or she wishes to as long as they stay within the terms of service. The students who are LEGALLY using their connection are doing NOTHING WRONG. You're allowed to spend ALL of the bandwidth your university lets you have. Period. This is, once again, not an issue at all.

[NenMaster]

damn this thread is old, i aint hacked for a ALOOOOOOOOOOOOOOONG time, i wouldnt mind seeing what new xpolits are out

[digitize]

Bleh, realize this thread isn't a Windows Script Kiddies discussion, it's about how such people use illegal means to take control over other computers and how such things are immoral....

[Shii]

Originally Posted by NenMaster

damn this thread is old, i aint hacked for a ALOOOOOOOOOOOOOOONG time, i wouldnt mind seeing what new xpolits are out

Don't hack people, jackass. It's totally uncivil, and illegal as well.

You'd think after a six-page thread you'd get the point.

[Kawaii_tsunami]

Originally Posted by ashibaka

Don't hack people, jackass. It's totally uncivil, and illegal as well.

You'd think after a six-page thread you'd get the point.

i agree...........its really mean..i dink i've been hacked before..cuz my computer sometimes just doesnt start up..o_O
i really dislike this hacking thing..........