Regarding digital distribution, specifically Japanese animation (involves a specific situation, please read)?
Posted on Oct 21, 2009 under Digital news and reports |Here’s the extent of my knowledge - It is illegal to digitally distribute intellectual property without the expressed written permission of the parties holding the legal rights to that property. It is also illegal to distribute property from other countries, in this case Japan, due to International Copyright Law.
Now, for the specific situation:
On October 13th, a web site called animesfree.com posted that they had just been delivered a notice from his web host stating that FUNimation (an anime localising, licensing, and distributing company in the US) served them a DMCA notice and that they had 24 hours to comply and remove all FUNi content (of which there seems to have been 44 different titles available on the site at the time). Of course the whole situation is incredibly silly, if you see the post about it on their front page, but what I really want to know about is the real legality of things, seeing as how they have a "Legal" page. That page states,
"Animes Free does not host or endorse any of the videos seen on this website. We are a community which embeds videos from popular video sharing websites for community use, much like the way Google indexes websites on their search engine. There are no videos hosted on our servers and we do not take responsibility for the content.
Any complaints or inquiries should be sent to the party responsible for hosting these videos, and not us. Contact references regarding legal issues will be re-directed to this page."
While this would APPEAR pretty clear and reasonable, somehow I think this little loophole just doesn’t really work this way. They say they do not endorse the videos seen on their site, but then if they don’t then why are the videos even there? Isn’t that endorsement? And wouldn’t this situation be similar to that of Pirate Bay, where files were only directed to and not hosted, and yet the legal hammer came down on them anyway?
If you have any sort of insight or other resources, this has been a very interesting situation to me, and I think it would be interesting for others who might visit anime streaming sites or host similar sites.
In addition, perhaps this would have been a decent topic in discussion in the "animation" subsection, however my question is of a legal issue, not exactly an animation issue.
October 21st, 2009 at 8:41 am
It doesn’t work that way. Look at how Napster got shut down. They were doing the same thing, just linking different people who shared their own files. They didn’t host them on servers or anything like that. They still got slammed by the law.
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