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andrewujin Joined: 19 Jun 2006 Total posts: 8 Gender: Unknown |
 Posted: Fri Mar 30, 2007 7:39 am Post subject: Post Rating: 0 |
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is YAE under yesasia...???
good thing it didn't reach the Asia part (sigh).. still i don't think suing a place like d-addicts will be worh much of their money.....
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groinkLocation: Hawaii Age: 41 Gender: Male |
| Posted: Fri Mar 30, 2007 7:44 am Post subject: Post Rating: 0 |
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| andrewujin wrote: | | is YAE under yesasia...??? |
Yes. If you read the earlier posts, you'll see the connections (domain name ownership, business addresses in California being the same, etc.)
--- groink
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andrewujinJoined: 19 Jun 2006 Total posts: 8 Gender: Unknown |
| Posted: Fri Mar 30, 2007 7:47 am Post subject: Post Rating: 0 |
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| by the way, saying about this, if say they use our fansubs here in d-addicts and incorporate it into their dvds (since we release the subs first before they can release their dvds), is that copyright infringement? i mean there's no stopping from them to "steal" our fansubbers work...
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groinkLocation: Hawaii Age: 41 Gender: Male |
| Posted: Fri Mar 30, 2007 8:03 am Post subject: Post Rating: 0 |
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| andrewujin wrote: | | by the way, saying about this, if say they use our fansubs here in d-addicts and incorporate it into their dvds (since we release the subs first before they can release their dvds), is that copyright infringement? i mean there's no stopping from them to "steal" our fansubbers work... |
We actually touched on this awhile back, where a fansubber cannot actually copyright a translation if he didn't obtain permission to translate the spoken language to begin with. The idea is that in order for the fansubber to copyright his translation, he must first obtain a license from the copyright owner of the drama to do the translation in the first place. In 1998, Fuji TV put a stop on all English translations of their programming, and all translations from thereon would be deemed illegal (Fujisankei owns office in the U.S.) We can only use this as a guideline seeing no one actually tried to test Fuji TV in court. The threat was real; I was watching a Fuji TV drama on Nippon Golden Network at the time when right in the middle of the series they turned off the subtitles. I spoke to several NGN people, and they all basically said what I just mentioned.
If YAE did actually take fansubs and use it in their for-sale DVDs, I guess the fansubber could take YAE to court if he felt his translations are protected by copyright law, keeping in mind that you don't actually have to register for copyright protection. But, with the information I mentioned earlier, a judge would probably rule that the fansubber has no grounds to actually sue seeing he never obtained a license from the copyright owner to do the translation in the first place, and therefore throw the lawsuit out of court. I really think the license to translate is key here.
--- groink
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NiikuraKaoruJoined: 15 Aug 2005 Total posts: 59 Location: Irvine, California Age: 20 Gender: Female |
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sabriyahmJoined: 02 Sep 2006 Total posts: 238 Location: Georgia Age: 30 Gender: Female |
| Posted: Wed Apr 04, 2007 11:34 pm Post subject: Post Rating: 0 |
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| groink wrote: | | andrewujin wrote: | | by the way, saying about this, if say they use our fansubs here in d-addicts and incorporate it into their dvds (since we release the subs first before they can release their dvds), is that copyright infringement? i mean there's no stopping from them to "steal" our fansubbers work... |
We actually touched on this awhile back, where a fansubber cannot actually copyright a translation if he didn't obtain permission to translate the spoken language to begin with. The idea is that in order for the fansubber to copyright his translation, he must first obtain a license from the copyright owner of the drama to do the translation in the first place. In 1998, Fuji TV put a stop on all English translations of their programming, and all translations from thereon would be deemed illegal (Fujisankei owns office in the U.S.) We can only use this as a guideline seeing no one actually tried to test Fuji TV in court. The threat was real; I was watching a Fuji TV drama on Nippon Golden Network at the time when right in the middle of the series they turned off the subtitles. I spoke to several NGN people, and they all basically said what I just mentioned.
If YAE did actually take fansubs and use it in their for-sale DVDs, I guess the fansubber could take YAE to court if he felt his translations are protected by copyright law, keeping in mind that you don't actually have to register for copyright protection. But, with the information I mentioned earlier, a judge would probably rule that the fansubber has no grounds to actually sue seeing he never obtained a license from the copyright owner to do the translation in the first place, and therefore throw the lawsuit out of court. I really think the license to translate is key here.
--- groink |
Actually I would completely disagree with your legal conclusion. Whether or not it is a work you can legally distribute does not IN ANY WAY effect your copyright as long as you own the original work. It's a little complicated but if you had a legal right to the work (you buy some DVD's) then you have a legal right to do whatever you want with it. You can make a translation in every language under the sun. (Obviously this wouldn't apply to a lot of fansubbers.) You might even be able to distibute that translation but that is a much tougher legal argument because it's a TV show. The main point is that if a someone translated a work they had a legal right too and a company stole it they could sue them. Which is why a company would probably just buy the translation.
FYI I am a lawyer. I don't like to say that but you have been making a lot of legal conclusions (like a screen shot in a review is infringement). Your legal knowledge is better then most (Good info on how Berne works) but I hate to see you leading people astray. So since I know you will say you have read up on the topic. (You did the last time) I figured I'd mention that so did I.
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insyteJoined: 09 Feb 2005 Total posts: 82 Location: Wheeeeeeeeeee!!!!! Gender: Male |
| Posted: Sat Apr 07, 2007 10:29 pm Post subject: Post Rating: 0 |
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Well, Ive only started downloading kdramas and it was really convenient getting batch torrents, but now most of those that I want to download were on that licensed list. Anyway I forced myself to learn how to use clubbox. Well its not so bad, although I really hate using IE.
Now Im keeping myself busy bookmarking the clubboxes with the kdramas I want. Sigh.....
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kobe23Joined: 06 Jun 2006 Total posts: 736 Location: Melbourne, Australia Age: 29 Gender: Male |
| Posted: Sun Apr 08, 2007 12:22 am Post subject: Post Rating: 0 |
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You'll get used to it, and soon enough, you'll realize that clubbox is actually better than torrents. Even before this incident I already used clubbox primarily because I got sick of begging for seeders since most of the old k-dramas (by old I mean 2 years of older) aren't very well seeded.
It is a bit annoying having to bookmark various CB's, but after a while there's only a handful of them that contains everything you need. Also, IE Tab (google it) for Firefox works well with most CB's but there are some you'll still need IE for unfortunately.
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Néa VanilleJoined: 26 Mar 2005 Total posts: 56 Location: Seoul, South Korea (whooooza!) Gender: Female |
| Posted: Sun Apr 08, 2007 12:39 am Post subject: Post Rating: 0 |
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| Well, about 2 months after the issue first arose, I have to say that my initial assumption that nothing would change has so far been proven correct.
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SakJoined: 09 Jan 2005 Total posts: 138 Gender: Female |
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HydrangeaJoined: 18 Aug 2006 Total posts: 12 Location: myspace.com/GoGatsuGirl Age: 22 Gender: Female |
| Posted: Fri Apr 20, 2007 9:33 pm Post subject: Post Rating: 0 |
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| How absolutely depressing. Makes me mad, but I totally understand where they're coming from.
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llerradJoined: 04 Jun 2007 Total posts: 2 Gender: Unknown |
| Posted: Mon Jun 04, 2007 4:42 pm Post subject: Post Rating: 0 |
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| So Is liar game being licensed?
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groinkLocation: Hawaii Age: 41 Gender: Male |
| Posted: Mon Jun 04, 2007 5:02 pm Post subject: Post Rating: 0 |
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| llerrad wrote: | | So Is liar game being licensed? |
No Japanese dramas are currently licensed.
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llerradJoined: 04 Jun 2007 Total posts: 2 Gender: Unknown |
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leimomiJoined: 21 Jul 2006 Total posts: 164 Location: Hilo, Hawaii, USA Gender: Female |
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lameness. they licensed all the GOOD ones (thats to be expected though huh...)
... I also had the English Subs on. Gawd! Who the heck sub it .. it was full of mistakes it was unbelieveable 
... no wonder why people say fansubs are better 
.. the dubbing wasn't much better eithe to be honest, think it was wrong too 
Since there was no explanation and about 60 people were waiting at 22%, was it removed because the series was licensed? Sigh! Wish there was some way of letting people know when this happens.... 