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Let's Do Our Part To Save Anime Subculture And Change The DMCA
Posted 2/8/09

uhohimdead wrote:


DomFortress wrote:


uhohimdead wrote:

ill ask again what is the point dom is trying to point ive been reading the op a bunch of times and i still dont understand wat he's trying to say

Can you show me just what exactly that you don't understand in my original post?


sounds like ur giving everyone something out of a book (very wordy and not very clear) what is the point ur trying to make? what r u saying needs to change? in other words a simplified form of that post i know this as to do with an act i saw the links that but wat is wrong with it?

Quote and then highlight the parts in my original post where you don't understand, and I'll see if I can explain them to you in further details. Because the simplified explanation are the bold sentences themselves.
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Posted 2/8/09 , edited 2/8/09

DomFortress wrote:


uhohimdead wrote:


DomFortress wrote:


uhohimdead wrote:

ill ask again what is the point dom is trying to point ive been reading the op a bunch of times and i still dont understand wat he's trying to say

Can you show me just what exactly that you don't understand in my original post?


sounds like ur giving everyone something out of a book (very wordy and not very clear) what is the point ur trying to make? what r u saying needs to change? in other words a simplified form of that post i know this as to do with an act i saw the links that but wat is wrong with it?

Quote and then highlight the parts in my original post where you don't understand, and I'll see if I can explain them to you in further details. Because the simplified explanation are the bold sentences themselves.


people, just like Dom's other posts. he is trying to persuade people to obey the rules and not download anime which is in fact illegal.
Main idea: Dont download but buy anime = good anime industry
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Posted 2/8/09

DomFortress wrote:

Thanks to President Obama, there is now a call from the White House for a change in better policies(http://www.whitehouse.gov/contact/), and there's this one policy that's in dire need of a change, the DMCA.

To be frank, the Digital Millennium Copyright Act Title II, The Online Copyright Infringement Liability Limitation Act, aka section 512(http://www4.law.cornell.edu/uscode/17/512.html), is a poor policy that's allowing the OSP in the US to neglect their civil & moral obligation of upholding the Copyright Act and subsequently the Constitution, all for the sake of profit margin. While letting OSP off the hooks, section 512 also placed the burden to uphold the Copyright Act on the general users, who often as anime fans don't know any better, and on the original copyright holders and licensees; which in the case of anime industry who have just entered the online distribution, but are seriously lacking the resources to enforce the Copyright Act on their own.

Like it or not, private sectors like the OSP are a part of the global community that is the internet consisting of end users worldwide, therefore they shouldn't be excused of their civil & moral obligations to uphold the law within their jurisdiction, and neither should we. The current DMCA is allowing unfair practice due to poor moral sense, and a double standard between the OSP and the general users in the US. This makes bad businesses and even poorer example of civility & morality. The DMCA should focus on reinforcing Copyright Act within its jurisdiction, not letting people to get away from breaking the law just because they can afford to do so.


ok in order...

red: how is it a poor policy? again call me stupid wats OSP
blue: how is it allowing this and how is it a double standard?

sry unless im interested in wat i read i dont like to read every word especially in laws, acts, etc. too much to comprehend...

in the furture try to keep these things boiled down to the point that the everyman can comprehend. i know u dislike something but u should explain it and no i dont mean using links, in ur own words.... at least less words. u say this DMCA is allows unfair practice blah blah blah but show us an example, proof, something to back up ur claim for change (again links dont rly help unless u point out perfectly the problem areas). if the proof to back up wat ur saying is there i dont see it and if i dont see image all the rest who also dont get it.
Posted 2/8/09

ashwara1 wrote:

its impossible to enforce copyright in America. the country is far too large and would consume too much resources. Overall it would be in the country's best interest to not waste money on stuff like this and focus more on the economy. If the economy gets better so will the anime industry. Id say focus on whats more important here rather than using wasteful spending on enforcing an unenforceable law.


It's not impossible, the government was simply too lax on reinforcing the DMCA policy while making excuses for themselves not to. Because it was easy for the government to pretend that there wasn't a problem with the DMCA, thereby not have to deal with private sectors and their highly profiled teams of lawyers who established it in the first place. And the unconstitutional DMCA section 512 is causing businesses like media retailers, licensing companies, actors, book publishers, and just about everything that have to do with intellectual property loosing jobs and profits, due to internet intellectual property theft.
Posted 2/8/09

uhohimdead wrote:


DomFortress wrote:

Thanks to President Obama, there is now a call from the White House for a change in better policies(http://www.whitehouse.gov/contact/), and there's this one policy that's in dire need of a change, the DMCA.

To be frank, the Digital Millennium Copyright Act Title II, The Online Copyright Infringement Liability Limitation Act, aka section 512(http://www4.law.cornell.edu/uscode/17/512.html), is a poor policy that's allowing the OSP in the US to neglect their civil & moral obligation of upholding the Copyright Act and subsequently the Constitution, all for the sake of profit margin. While letting OSP off the hooks, section 512 also placed the burden to uphold the Copyright Act on the general users, who often as anime fans don't know any better, and on the original copyright holders and licensees; which in the case of anime industry who have just entered the online distribution, but are seriously lacking the resources to enforce the Copyright Act on their own.

Like it or not, private sectors like the OSP are a part of the global community that is the internet consisting of end users worldwide, therefore they shouldn't be excused of their civil & moral obligations to uphold the law within their jurisdiction, and neither should we. The current DMCA is allowing unfair practice due to poor moral sense, and a double standard between the OSP and the general users in the US. This makes bad businesses and even poorer example of civility & morality. The DMCA should focus on reinforcing Copyright Act within its jurisdiction, not letting people to get away from breaking the law just because they can afford to do so.


ok in order...

red: how is it a poor policy? again call me stupid wats OSP
blue: how is it allowing this and how is it a double standard?

sry unless im interested in wat i read i dont like to read every word especially in laws, acts, etc. too much to comprehend...

in the furture try to keep these things boiled down to the point that the everyman can comprehend. i know u dislike something but u should explain it and no i dont mean using links, in ur own words.... at least less words. u say this DMCA is allows unfair practice blah blah blah but show us an example, proof, something to back up ur claim for change (again links dont rly help unless u point out perfectly the problem areas). if the proof to back up wat ur saying is there i dont see it and if i dont see image all the rest who also dont get it.

OSP is an abbreviation stands for Online Service Providers in internet terms. They're privately own businesses(private sectors) and they operate by providing online services like file transferring, video streaming, uploading/downloading, blogging and more to the internet users, and in terms collecting a fee for using the services that they provided. However to this day, there are internet users committing intellectual property theft, by illegally duplicate, release, and distribute copyrighted & licensed materials using the above mentioned online services available from the OSP. And the DMCA section 512 are excusing the OSP for not self regulate the illegal content that they're hosting, even though they're not the ones who put the illegal contents on the internet in the first place. But just because they're earning money for only providing services, doesn't mean that they shouldn't be responsible for their actions, when they're allowing others to commit crimes by using their services unregulated. That's like a gun shop owner selling guns to a murderer, and knowing that the said murderer will be using the gun for no good but doesn't speak up, because the owner doesn't want to loose a sale.

The DMCA section 512 clearly stated that as long as the OSP doesn't received an official cease and desist order(C &D) from the original copyright holders or the licensees, the OSP can keep hosting the illegal copyright infringing files as long as they want, while keep all the profits that they earned even after they removed the illegal contents. And at the same time the OSP are just like the general internet users like us, who are internet users that had to subscribe their internet usage from internet service providers(ISP). But the DMCA section 512 is treating the OSP like a special group, even though they shouldn't be treated differently for not doing a good thing, and that's a double standard.
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Posted 2/8/09
Question for you.

If l rip a dvd that l bought and use it for my own reason.

Does that make it "Fair use"?
Posted 2/8/09 , edited 2/9/09

Kr3w wrote:

Question for you.

If l rip a dvd that l bought and use it for my own reason.

Does that make it "Fair use"?

That depends on what you use it for, because with the purchase of your legit anime medias comes a limited license for you to watch it and show it domestically for none-profit purpose. And basically no legitimate intellectual properties allow duplication or alteration in their limited license.

In the case of fair use on copyrighted intellectual property, the US Copyright Law section 107 defines fair use with these four factors:

1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;

2.the nature of the copyrighted work;

3.amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. the effect of the use upon the potential market for or value of the copyrighted work.


Among that, section 107 also allows fair use of copyrighted materials in criticism, comment, news reporting, teaching, scholarship, and research. You can read up more from here: http://www.copyright.gov/fls/fl102.html
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Posted 2/9/09

DomFortress wrote:


Kr3w wrote:

Question for you.

If l rip a dvd that l bought and use it for my own reason.

Does that make it "Fair use"?

That depends on what you use it for, because with the purchase of your legit anime medias comes a limited license for you to watch it and show it domestically for none-profit purpose. And basically no legitimate intellectual properties allow duplication or alteration in their limited license.


Alteration meaning fix the size they made the dvd 720/480 instead of 848?

I must say that the dvd quality sucks without filters
Posted 2/9/09 , edited 2/9/09

Kr3w wrote:


DomFortress wrote:


Kr3w wrote:

Question for you.

If l rip a dvd that l bought and use it for my own reason.

Does that make it "Fair use"?

That depends on what you use it for, because with the purchase of your legit anime medias comes a limited license for you to watch it and show it domestically for none-profit purpose. And basically no legitimate intellectual properties allow duplication or alteration in their limited license.


Alteration meaning fix the size they made the dvd 720/480 instead of 848?

I must say that the dvd quality sucks without filters

If you don't redistribute the altered medias and strictly keep them for private showing, providing the fact that you can prove them all on both counts, then it is fair use for scholarship and research purposes.
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Posted 2/9/09

DomFortress wrote:


Kr3w wrote:


DomFortress wrote:


Kr3w wrote:

Question for you.

If l rip a dvd that l bought and use it for my own reason.

Does that make it "Fair use"?

That depends on what you use it for, because with the purchase of your legit anime medias comes a limited license for you to watch it and show it domestically for none-profit purpose. And basically no legitimate intellectual properties allow duplication or alteration in their limited license.


Alteration meaning fix the size they made the dvd 720/480 instead of 848?

I must say that the dvd quality sucks without filters

If you don't redistribute the altered medias and strictly keep them for private showing, providing the fact that you can prove them all on both counts, then it is fair use for scholarship and research purposes.


um I always wanted to ask this but are AMVS illegal and if they are then why do they hold AMV contests at anime conventions and if someone rips episodes off DVDs and creates an AMV is that considered illegal too? Cause your not selling or profiting from it....
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Posted 2/9/09 , edited 2/9/09

Tsubasa_Lover_4Ever wrote:


DomFortress wrote:


Kr3w wrote:


DomFortress wrote:


Kr3w wrote:

Question for you.

If l rip a dvd that l bought and use it for my own reason.

Does that make it "Fair use"?

That depends on what you use it for, because with the purchase of your legit anime medias comes a limited license for you to watch it and show it domestically for none-profit purpose. And basically no legitimate intellectual properties allow duplication or alteration in their limited license.


Alteration meaning fix the size they made the dvd 720/480 instead of 848?

I must say that the dvd quality sucks without filters

If you don't redistribute the altered medias and strictly keep them for private showing, providing the fact that you can prove them all on both counts, then it is fair use for scholarship and research purposes.


um I always wanted to ask this but are AMVS illegal and if they are then why do they hold AMV contests at anime conventions and if someone rips episodes off DVDs and creates an AMV is that considered illegal too? Cause your not selling or profiting from it....

Well l do give out download links and you have to have it available for download. Amv contest pay fees to be able to show the content.

If you want subs, you wont get them from me.
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Posted 2/9/09

Kr3w wrote:


Tsubasa_Lover_4Ever wrote:


DomFortress wrote:


Kr3w wrote:


DomFortress wrote:


Kr3w wrote:

Question for you.

If l rip a dvd that l bought and use it for my own reason.

Does that make it "Fair use"?

That depends on what you use it for, because with the purchase of your legit anime medias comes a limited license for you to watch it and show it domestically for none-profit purpose. And basically no legitimate intellectual properties allow duplication or alteration in their limited license.


Alteration meaning fix the size they made the dvd 720/480 instead of 848?

I must say that the dvd quality sucks without filters

If you don't redistribute the altered medias and strictly keep them for private showing, providing the fact that you can prove them all on both counts, then it is fair use for scholarship and research purposes.


um I always wanted to ask this but are AMVS illegal and if they are then why do they hold AMV contests at anime conventions and if someone rips episodes off DVDs and creates an AMV is that considered illegal too? Cause your not selling or profiting from it....

Well l do give out download links and you have to have it available for download. Amv contest pay fees to be able to show the content.


yeah cause I was thinking about making an AMV for this years AMV contest for the Tsubasacon in September. Now all I need to do is to find out how to rip DVDs
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Posted 2/9/09


Well since you have the dvds l can help you there but it might require heavy reading -__-.
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Posted 2/9/09

Kr3w wrote:



Well since you have the dvds l can help you there but it might require heavy reading -__-.


ok thank you just send me a message about how to when you get around to it
Posted 2/9/09 , edited 2/9/09

Tsubasa_Lover_4Ever wrote:


DomFortress wrote:


Kr3w wrote:


DomFortress wrote:


Kr3w wrote:

Question for you.

If l rip a dvd that l bought and use it for my own reason.

Does that make it "Fair use"?

That depends on what you use it for, because with the purchase of your legit anime medias comes a limited license for you to watch it and show it domestically for none-profit purpose. And basically no legitimate intellectual properties allow duplication or alteration in their limited license.


Alteration meaning fix the size they made the dvd 720/480 instead of 848?

I must say that the dvd quality sucks without filters

If you don't redistribute the altered medias and strictly keep them for private showing, providing the fact that you can prove them all on both counts, then it is fair use for scholarship and research purposes.


um I always wanted to ask this but are AMVS illegal and if they are then why do they hold AMV contests at anime conventions and if someone rips episodes off DVDs and creates an AMV is that considered illegal too? Cause your not selling or profiting from it....

Well the purpose of AMV itself defeats the meaning of "fair use", when AMV are being shown in open public. Therefore proper credits of the original anime creators should always be shown in AMV. And IMHO that's only barely maintaining an act of civility, I can't say for sure it will stand in a court of law. OH and good luck making your AMV.
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