The only one's effected by fansubbers are U.S. companies looking to make a buck out of someone else's work. Fansub's are made by fans for their own personal use and have the kindness to share their hard work with the general public for FREE and to not make any profit. I personally don't give a shit if Buena Vista makes a profit off of subbing an anime or not. I pay for CR because I like CR's concepts however I think it's bullshit that so many people's hard work is being pulled off the net because they're being threatened by lawsuits. It's free information if I smack some subtitles on something and want to show it to people free of charge I have that right to according to the constitution of the United States of America. What these companies are doing is also in violation of the free information act.
While I like fansubs, and am totally fine with partaking in them, they are completely illegal, and claiming otherwise is just ignorant. Let's hit on your points here, which are pretty nearly all wrong.
Japanese companies get money from foreign licensors, in the US as well as other countries, like Brazil and Italy, to name a couple that also have pretty major fansubbing communities. Fansubs may not directly detract from sales in those places, but they certainly impact them, and the loss of royalties flows back to Japan, so fansubs affect the original creators as well. Not to mention that the "hard work" you mention fansubbers doing is far surpassed by the licensing companies that produce entirely new audio tracks for the shows and movies when they dub them.
Fansubbers do this for their own reasons, most often to practice translating, encoding,or timing. Personal use is rarely a factor, since if you speak Japanese well enough to translate a TV series, you don't need subtitles anymore. Kindness may be a part of the motivation, but ego and attention seeking is more likely (read up on Dattebayo if you can't remember how insane some groups could get). Most groups are doing this for free, or even spending money to do it, but some have been shady dicks with donation schemes, ad revenue and the like. Not to mention the real scummy bastards that charge a fee for fansub and scanslation access, with Tazmo being about the best known example. Those guys are one of the biggest reasons that fansubs are targeted so heavily now.
Subtitles are not an original work, nor are translations, the copyright still belongs to the original creator or studios and the concepts of freedom of speech and freedom of press do not apply. Intellectual property is not referenced in the constitution in any way, however there is plenty of mention of if and the unauthorized use of it in the International Copyright Laws. Pretty much exclusively as a crime, which is what fansubbing is, when you break it down to the basic facts.
The Freedom of Information Act (FOIA) is a federal law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States Government. It has nothing whatsoever to do with privately owned works, no matter what medium they are presented in. Also, Japanese anime studios are, fairly obviously, not the United States Government. What you seem to think the FOIA means is that you can wander into the bookstore, grab whatever you want to read and walk out with it, without paying. This is so obviously not the case that a sane person wouldn't even consider doing it.
Now, as I said, I watch fansubs. I LIKE fansubs, and often feel that they are superior products to licensed subs. But at least I have the self-respect to not lie to myself and act like I'm supporting some sort of modern Robin Hood society when I'm just another internet video pirate.
Your logic is flawless, good job!
I was gonna post something here but then I read your post and now there's nothing to add ;)
i totally agree with you.. and this is one of the reasons i support crunchy roll.. I've also been watching anime for years and like any other fan u pick up a few japanese terms here and there that stick.. all unlicensed fansubs are ILLEGAL period.. there is no science about the concept as kio has brilliantly elaborated here so get it through your heads.. let's all do the right thing and support Legal stuff the right way..if you haven't noticed sites that host live tv shows / animes usually have their links broken or removed why because they are always in violation of copyright /distribution laws so please don't assume that the legal guys (CR) are sloppy or slow simply because some attention seeking fan-subber decides to include subtitles to an episode of blue exorcist.
Please explain to me the actual harm in watching fansubs or even the fansubbers themselves. To whom am I hurting by watching them. Better yet why is it illegal? I'm sorry I just don't see the world as black and white. I smoked pot in high school who was I hurting then? Yet today I'm a functioning memeber of society. I say this to all ALWAYS question things. Laws included.
Now then if u actually read the 2nd quote (which is definitely spot on) you would understand why its illegal. I'm assuming you didn't. So I'm gonna give you a metaphor.
Let's say a singer from say, the US, sang a really pretty song which is a global sensation, or just a local sensation. And that song happens to be written by him/her, that song becomes his/her intellectual property. Why? He/She made it of course! Then someone from lets say, China, or India, or maybe even Sweden, decides to get smart and translates the song, sings the song with exactly the same notes, with maybe a slightly different arrangement. Oh and here's the kicker, Singer B DID NOT credit or even mention this to Singer A . Now, would you consider it theft? I certainly do. And the fansubbers are doing the exact same thing. Did they credit the original creators? No. Do they even dare to mention this to the original creator? No.
If you see things this way it is very clear that fansubbers are thieves of intellectual property, thus what they're doing is illegal. Unless what you want to say is that theft is legal.
About the smoking pot part, personally I can only say that you are doing bodily harm to yourself. Being a functioning member of society is good and all but you're harming yourself. What the government is trying to do by outlawing pot is a measure to ensure the well being of you, the people they're meant to work for.
I've always known it was illegal. The connection you tried to make between piracy and fan subs were juvenile and to be honest border lined idiocy. It was so far off base I had a difficult time reading it and I literally said "wtf" out loud while doing so. As far as me smoking pot... I said it was in High School which was literally a decade ago for me and haven't smoked any since. All I did was post up if anyone knew about Aoi no Excorsist was being fansubbed and that they did a good job and that it was being released 2 days earlier than CR. That was it and people started jumping down my throat! As of right now I'm going to get this post (my post) removed because it's insulting not only a very good show but also fansubbers with whom without CR would not exsist. However I do like CR which is why I'm a paid member and this post ended up being rather insulting to them to. On behalf of all parties I apoligize for the direction this post has gone.
Look at my name I have a star.. see.. I pay,,, yet I do not watch my anime On crunchyroll.. I found better places to watch anime.. Still I pay... because I use this site.. and I love the ED... anyone wanna have a religious debate with me, I be happy to pawn you!
Love debating (drool) ........................ O yeah.. anyhow fuck them... fuck the little babies balling about you watching anime on other sights. big fucking woooop... they just need to get a life.. and realize we pay for the services, but it is illogical to burn other bridges..