Hi guys,
I’ve a ton of things to say and a ton of questions to ask, so instead of putting it all in different threads, I’m putting everything into one post.
First of all, some of you probably know I’ve an issue with fansubs. Actually, I’ve changed sides on it twice before. I still like them, and am still for them, that has not changed, especially since most fansubbers are halfway moral in that they stop distribution as soon as a series is licensed. However, fansubs are still illegal and that doesn’t change the fact. There are some articles on the net about people and students getting arrested fro possession and distribution of copyrighted material in schools and universities. That seriously scares me, and the punishments aren’t light either. In any case, this and numerous other reasons, I am going to stop downloading fansubs soon. I plan to download less, and then, stop completely. I’ll stop buying bootlegs too. This really makes me sad, but I think it is the right thing and I just felt I had to state why here at CAA. I’m not trying to press my beliefs on anyone. I’m just sharing, and everyone is entitled to their own opinion. If anyone disagrees, please tell me why. Maybe I’ll change again, but as of now, my decision stands.
First of all everybody knows that there are numerous copyright laws around the world, and that fansubs occupy at best a gray area of the law. However, upon research, I fear I have found that it is a bit less gray than I would have liked. As I told Ashley in my Fansubs yet again thread, one of my key sources is http://www.fansubs.info/fanfaq.php?view=legality. According to this website which I believe too be accurate, even though copyrights are country-specific (I think), there is an international treaty which makes fansubs illegal. This is the Berne Convention, signed in 1971. It is an international treaty signed by a few countries including the US and UK. However, the website speaks about both normal copyright laws as well as the Berne Convention, so I will just encapsulate it although if you’re interested, please read the site itself, because it contains the actual text of the laws relevant and the relevant portions of the Berne Convention. Fansubs violate the rights of a copyright holder, clearly, and are therefore unlawful since they infringe copyright laws. Some try to squish into the Fair Use copyright law, but anime for entertainment isn’t covered there, therefore it can’t really be used to defend fansubs. I’ve heard arguments that it is up to the copyright holder to pursue violations, but I am not sure if this is true, but it doesn’t matter, as even if these are true. It doesn’t change fansubs’ illegality. Now, even if you disregard all this, there’s the Berne Convention. There’s a whole bunch of stuff, but I’ve got a lot more to say and ask, so if curious, read the website. I also researched about how one infringes in copyrights. It was not as detailed as this website, but it seemed to mainly pertain to copying and distributing and/ or publicly displaying. However, as the above website showed me there were lots of other sides to it. Nontheless, as old philosopher told me when I thought only copying and distributing violated the law, possession of copyrighted material without holding the copyright is illegal as well. The above website again affirmed this. It also refuted the argument that went through my own head for a while, that they can’t do anything to the individual downloader and possessors of fansubs. That’s not true. Although the chances of getting caught and arrested for possession of these is nearly 0%.
Given the low chance of being found out, caught or arrested, I would have continued to download fansubs, but then I kept feeling this nagging feeling (almost guilt?), and numerous verses sprang to mind as I thought about issues surrounding my downloading and possession of fansubs.
First of all, we a Christians have to bring glory to God. In the unlikely event of my being arrested for downloading and possession of copyrighted anime, and people found out I am a Christian, they will point at me and say, “Look, if he is an example of a Christian, I don’t want to be one.â€