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Old 2012-06-21, 04:54   Link #1
j0x
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Law Penalizing Downloaders, Criminalizing Ripping Passes in Japan

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for great insights about this matter from a real japanese that supports and buys anime read here -> http://forums.animesuki.com/showpost...6&postcount=71
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saw this news a while ago

Quote:
Bill passes upper house with overwhelming majority; will go into force on October 1
On Wednesday, Japan's House of Councillors passed a bill into law that covers a variety of issues regarding the usage of documents and digital content. 233 of the Diet's 242 members cast votes on the law: 221 for and 12 against. As the bill had already passed the Diet's House of Representatives last Friday, the law will go into force on October 1.

The law includes sections outlawing the "ripping" of content, for personal use, that involves the bypassing of digital copy protection such as the CSS system on DVDs.

The law also includes a section added in committee that imposes a penalty to the already illegal act of knowingly downloading copyrighted material without permission, and those charged with illegal downloading will now face up to two years of prison or fines of up to 2 million yen (about US$25,400). The law also obligates national and local governments to educate minors on illegal download prevention.
source: http://www.animenewsnetwork.com/news...asses-in-japan

im a little worried about this since we might see a decline on BD-Rips, DVD-Rips and TV-Rips of anime either FanSubs and FanRips

that means after October 1, 2012 the weekly anime updates can only be get through CrunchyRoll and other official anime streaming sites

someone tell me that Japan cannot enforce this law strictly or does Japan really strict on implementing its laws?

EDIT:

more sources
http://torrentfreak.com/jail-for-fil...regime-120624/
http://www.wired.com/gamelife/2012/0...wnloading-law/
http://kotaku.com/5920140/come-octob...utube-in-japan
http://www.sankakucomplex.com/2012/0...gal-downloads/

Last edited by j0x; 2012-07-13 at 03:19.
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Old 2012-06-21, 08:00   Link #2
Akito Kinomoto
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I wonder how this is going to apply for international jurisdictions. I wonder how they actually plan to enforce this. I wonder if this is exactly like every other copyright law ever that's been relevant to the anime fandom and has been nigh inconsequential every time.
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Old 2012-06-21, 08:22   Link #3
j0x
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i saw more info about this from another forum im in

Quote:
While the anti-download measure is an enhancement of existing prohibitions, a ban on copying or ripping discs to a hard drive would be brand new for Japan. The proposed would outlaw any software program or device that allowed users to circumvent encoded copyright protection on the disc, as well as the act of copying of said disc.

Media that does not include copy protection, such as most compact discs, would not be included in the ban.

Should these new amendments pass into law, it would be illegal in Japan to make any copies of any movies or games, illegal to upload the data, illegal to download the data, illegal to sell copies of the data and well as illegal to sell a device that enables playback of the copied data. All of these actions would carry stiff penalties.

source: http://www.wired.com/gamelife/2012/0...wnloading-law/
Quote:
The Effects:
1. Ripping and copying of copy-protected and encoded materials like DVDs and games is no longer considered "for personal use" and is punishable.
2. The sale of software and hardware that circumvents copy protection and access protections is forbidden.
3. The intentional download of illegally uploaded materials is now punishable.

source: http://kotaku.com/5920140/come-octob...utube-in-japan
so bye bye BD-Rips and DVD-Rips? how about TV-Rips are they copy protected too? are fansub cappers subject to the penalties of this law too since they are using such devices that is prohibited by this law?

Last edited by j0x; 2012-06-21 at 10:45.
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Old 2012-06-21, 09:23   Link #4
Marcus H.
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Quote:
illegal to sell a device that enables playback of the copied data
Isn't this every single media player in the market nowadays, not to mention all computers?
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Old 2012-06-21, 11:17   Link #5
TJR
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Quote:
Originally Posted by j0x View Post
so bye bye BD-Rips and DVD-Rips? how about TV-Rips are they copy protected too?
Distribution was already illegal. They want to revise the law to explicitly forbid copy protection circumvention (even for personal use), but if people were willing to break the law by uploading, I wouldn't expect much change in behaviour.

Quote:
someone tell me that Japan cannot enforce this law strictly or does Japan really strict on implementing its laws?
They've prosecuted and punished people for uploading content. The proposed change would allow them to target downloaders too.

Quote:
Isn't this every single media player in the market nowadays, not to mention all computers?
It depends on the specific wording. I'm not sure how it's phrased, but I'll assume that they're referring to software/hardware that directly and actively circumvent copy protection (i.e. standard DVD-ROM drives are okay, but chipped game consoles and DVD rippers aren't).
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Old 2012-06-21, 13:02   Link #6
Utsuro no Hako
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Other than the jail time, the main provisions aren't that different from the DMCA in the US, and we all know how effective that's been.
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Old 2012-06-21, 15:10   Link #7
asaqe
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Quote:
Originally Posted by Utsuro no Hako View Post
Other than the jail time, the main provisions aren't that different from the DMCA in the US, and we all know how effective that's been.
The thing is it is a lot easier to enforce it Japan than over here given the nature of Japanese Movies having to wait until the DVD release date do we see the rips. And Japan has been very effective in killing off any Toku video clips as well.
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Old 2012-06-21, 16:12   Link #8
GreyZone
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Well ok... but if the people are operating in china, and importing the things, then none of this matters.

Also how do they want to enforce their law on someone who is downloading an anime episode in Brazil/UK/USA/Germany/Australia/etc.?
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Old 2012-06-21, 16:20   Link #9
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Originally Posted by GreyZone View Post
Well ok... but if the people are operating in china, and importing the things, then none of this matters.

Also how do they want to enforce their law on someone who is downloading an anime episode in Brazil/UK/USA/Germany/Australia/etc.?
they sent in the Gundams.
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Old 2012-06-21, 18:09   Link #10
j0x
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i agree with you peeps, i hope Japan wont strictly enforce this new law
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Old 2012-06-21, 18:18   Link #11
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Quote:
Originally Posted by j0x View Post
i agree with you peeps, i hope Japan wont strictly enforce this new law
Anime is really amazing... next time an Otaku partylist.
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Old 2012-06-21, 22:09   Link #12
orion
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Originally Posted by GreyZone View Post
Well ok... but if the people are operating in china, and importing the things, then none of this matters.

Also how do they want to enforce their law on someone who is downloading an anime episode in Brazil/UK/USA/Germany/Australia/etc.?
USA is pretty easy as we have the laws in place and a distributor that acts on their behalf. They have only to ask Funimation to go after the US downloaders.
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Old 2012-06-21, 22:56   Link #13
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I'm going to shed tears if this affects us.
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Old 2012-06-21, 23:01   Link #14
asaqe
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Quote:
Originally Posted by j0x View Post
i agree with you peeps, i hope Japan wont strictly enforce this new law
They will, already in Theatres they got a tough crackdown on camrippers.
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Old 2012-06-21, 23:18   Link #15
hero147
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Maybe to curb downloading, they should really think to lower the price it costs to buy anime in the first place...Some of these prices I've heard of are absolutely ridiculous. Then again, I'm part of the minority (or majority?) that wouldn't mind if they cut out all the "extra tidbits" in every boxset.

While I don't know much about business or economics, wouldn't it be more profitable to lower prices and sell more of their merchandise to increase revenue? Marginal costs usually hit close to zero in digital media with the only major sunk cost in producing the actual anime/series.
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Old 2012-06-21, 23:31   Link #16
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the government sucks
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Old 2012-06-21, 23:47   Link #17
Random32
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Uploading is already illegal and carries punishment of fines+prison. As we aren't in Japan, only the uploading half is important to our ability to watch anime, and that isn't changing.

Also, it requires the company that owns the rights to it to go after them first. The police won't go around trying to catch downloaders/rippers unless the company requests them to. Late Night Anime benefits from piracy since its free advertisement, thus I doubt that they will try and crack down on piracy. Also, to support this, the late night anime industry haven't been going after uploaders despite that being illegal and punishable for a while now, thus I think they realize the uploaders are doing them a service. I'm pretty sure that this realization will extend to realizing that downloaders are potential customers, thus they won't go after downloaders either.

Quote:
Maybe to curb downloading, they should really think to lower the price it costs to buy anime in the first place...Some of these prices I've heard of are absolutely ridiculous. Then again, I'm part of the minority (or majority?) that wouldn't mind if they cut out all the "extra tidbits" in every boxset.

While I don't know much about business or economics, wouldn't it be more profitable to lower prices and sell more of their merchandise to increase revenue? Marginal costs usually hit close to zero in digital media with the only major sunk cost in producing the actual anime/series.
The amount of money you make is volume times price of each. So if you reduce the price by 10x ($600 for a 2cour series, to $60), you need to find 10x as many people willing to buy it.

Late night anime has a very very small audience that is more than willing to pay lots of money for series that they like. So the increase you get from decreasing the price is very small. Not enough to make up for the price drop.
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Old 2012-06-22, 00:21   Link #18
sa547
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As always, I believe that not everyone in Japan agrees with those boring politicians (they approve of something only when it's for their own interest and to advance their own personal agenda), and even with such draconian enforcement then there's more than one way to skin a cat.
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Old 2012-06-22, 00:29   Link #19
Cosmic Eagle
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Quote:
Originally Posted by GreyZone View Post
Well ok... but if the people are operating in china, and importing the things, then none of this matters.

Also how do they want to enforce their law on someone who is downloading an anime episode in Brazil/UK/USA/Germany/Australia/etc.?
Actually this is quite true...I got the feeling a good portion of Share uploads and such actually come from overseas importers...
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Old 2012-06-22, 02:07   Link #20
asaqe
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Quote:
Originally Posted by Random32 View Post
Uploading is already illegal and carries punishment of fines+prison. As we aren't in Japan, only the uploading half is important to our ability to watch anime, and that isn't changing.

Also, it requires the company that owns the rights to it to go after them first. The police won't go around trying to catch downloaders/rippers unless the company requests them to. Late Night Anime benefits from piracy since its free advertisement, thus I doubt that they will try and crack down on piracy. Also, to support this, the late night anime industry haven't been going after uploaders despite that being illegal and punishable for a while now, thus I think they realize the uploaders are doing them a service. I'm pretty sure that this realization will extend to realizing that downloaders are potential customers, thus they won't go after downloaders either.
This new act will give the authorities a lot more pull in the Late Night Anime INdustry. Either they start cracking down on them or the TV Networks starting replacing their slots with reality tv style stuff. Simple as that.
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