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Is it legal to host/stream unlicensed Anime?
Posted 3/5/08
so... if I hosted a site from country in which no anime is licenced; I can have any anime I want on that site?? Hm, it doesnt make sense, because even if the site is hosted in my country (example) everyone could watch it. Wouldnt that affect the sales of DVDs from all around the world, not just my country?
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26 / M / crunchyroll
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Posted 3/5/08
it depends on some anime
Posted 3/5/08
I like the more rules of the honorable fansub groups. Support the anime/manga or whatever by buying it if it's available in your country. I'm sure most of us still don't lol.
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26 / M / Anywhere but here.
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Posted 4/23/08

juroholic wrote:

so... if I hosted a site from country in which no anime is licenced; I can have any anime I want on that site?? Hm, it doesnt make sense, because even if the site is hosted in my country (example) everyone could watch it. Wouldnt that affect the sales of DVDs from all around the world, not just my country?


The answer is "maybe" and "technically", with a healthy dose of "it depends".

Whether what you are doing is illegal or not depends on several things:

1. If there is any licensees of the anime. Licensing in the anime (and consequently media) context secures the rights for a person to market, distribute, and get renumerated for the work that they had obtained the license to. It also gives them the right to sue anybody who is distributing the anime illegally, because they're the real slim shady. Having no licensee usually means nobody to prosecute you.
2. If there are any domestic laws prohibiting the distribution of anime. Some laws regarding copyright usually establish that commercial importation or exportation of copyrighted material, regardless of it's jurisdiction, is illegal. However, if your country does not have such a law, then that's an enh. Copyright law differs from country to country. China has been known to say a big screw you to anyone who challenges them on copyright and distribution.
3. If there is any international laws regarding copyright that the country you are hosting from has signed. International laws can range from the the Berne convention, laws proposed and signed by the UN and its signatories, and agreements that come into being from global organisations like the WTO. The tricky part of international law is that it's mandates are usually very broad and it doesn't typically impose penalties. (in layman's terms: international law is usually ignored). Still, international laws still do mean for something, and some countries like to take international law serious enough to pass a similar law within their country.

Copyright law in it's current form doesn't make sense, and because of the recent explosion in the internet regarding streaming media, country and geographic lines have blurred even more. The law simply hasn't caught up to how copyright law is, and as explained, the international law is similarly ineffective.
Posted 4/23/08

brennan wrote:


juroholic wrote:

so... if I hosted a site from country in which no anime is licenced; I can have any anime I want on that site?? Hm, it doesnt make sense, because even if the site is hosted in my country (example) everyone could watch it. Wouldnt that affect the sales of DVDs from all around the world, not just my country?


The answer is "maybe" and "technically", with a healthy dose of "it depends".

Whether what you are doing is illegal or not depends on several things:

1. If there is any licensees of the anime. Licensing in the anime (and consequently media) context secures the rights for a person to market, distribute, and get renumerated for the work that they had obtained the license to. It also gives them the right to sue anybody who is distributing the anime illegally, because they're the real slim shady. Having no licensee usually means nobody to prosecute you.
2. If there are any domestic laws prohibiting the distribution of anime. Some laws regarding copyright usually establish that commercial importation or exportation of copyrighted material, regardless of it's jurisdiction, is illegal. However, if your country does not have such a law, then that's an enh. Copyright law differs from country to country. China has been known to say a big screw you to anyone who challenges them on copyright and distribution.
3. If there is any international laws regarding copyright that the country you are hosting from has signed. International laws can range from the the Berne convention, laws proposed and signed by the UN and its signatories, and agreements that come into being from global organisations like the WTO. The tricky part of international law is that it's mandates are usually very broad and it doesn't typically impose penalties. (in layman's terms: international law is usually ignored). Still, international laws still do mean for something, and some countries like to take international law serious enough to pass a similar law within their country.

Copyright law in it's current form doesn't make sense, and because of the recent explosion in the internet regarding streaming media, country and geographic lines have blurred even more. The law simply hasn't caught up to how copyright law is, and as explained, the international law is similarly ineffective.


THNX!! You said it clearer than the lawyer at my job (who was suppose to know this things. it was not related to anime but torrents,... bah.)
anyway, than you for good answer
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23 / M / singapore~~
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Posted 4/23/08
i don't really know about all this..........
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26 / M / Anywhere but here.
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Posted 4/23/08

juroholic wrote:


brennan wrote:


juroholic wrote:

so... if I hosted a site from country in which no anime is licenced; I can have any anime I want on that site?? Hm, it doesnt make sense, because even if the site is hosted in my country (example) everyone could watch it. Wouldnt that affect the sales of DVDs from all around the world, not just my country?


The answer is "maybe" and "technically", with a healthy dose of "it depends".

Whether what you are doing is illegal or not depends on several things:

1. If there is any licensees of the anime. Licensing in the anime (and consequently media) context secures the rights for a person to market, distribute, and get renumerated for the work that they had obtained the license to. It also gives them the right to sue anybody who is distributing the anime illegally, because they're the real slim shady. Having no licensee usually means nobody to prosecute you.
2. If there are any domestic laws prohibiting the distribution of anime. Some laws regarding copyright usually establish that commercial importation or exportation of copyrighted material, regardless of it's jurisdiction, is illegal. However, if your country does not have such a law, then that's an enh. Copyright law differs from country to country. China has been known to say a big screw you to anyone who challenges them on copyright and distribution.
3. If there is any international laws regarding copyright that the country you are hosting from has signed. International laws can range from the the Berne convention, laws proposed and signed by the UN and its signatories, and agreements that come into being from global organisations like the WTO. The tricky part of international law is that it's mandates are usually very broad and it doesn't typically impose penalties. (in layman's terms: international law is usually ignored). Still, international laws still do mean for something, and some countries like to take international law serious enough to pass a similar law within their country.

Copyright law in it's current form doesn't make sense, and because of the recent explosion in the internet regarding streaming media, country and geographic lines have blurred even more. The law simply hasn't caught up to how copyright law is, and as explained, the international law is similarly ineffective.


THNX!! You said it clearer than the lawyer at my job (who was suppose to know this things. it was not related to anime but torrents,... bah.)
anyway, than you for good answer


Hire me instead, hahaha, I'm an admitted lawyer.

There's a bit more in here, another article I wrote regarding licensing:

http://wiki.crunchyroll.com/licensing

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30 / F / Wilshire and some...
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Posted 4/23/08
whatever it is as long as we can watch anime its good enough...

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26 / M / Slough UK
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Posted 4/23/08
Interesting issue. It also depends on what the owner/creator of the anime wishes. Technically I believe that the older or non continuing anime should go free license or something after a set period of time to be fair. In terms of legal anime that has been aired, it should be offered as Bluray/DVD box sets on request if not on shelf. This will sub due piracy especially if the price is fair.

"I am happy to pay £5 for 5-10 episodes on one disc but not £30."

Ideally there should be large organisation, which holds all the anime in one place. And people can purchase at fair price for them on disc after watching first few episodes streamed to get a taster.
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30 / M / Deserted Island!!!
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Posted 4/23/08
its their business!!! they licensed coz they get profit from that if not get profit why they licensed it !!!
Posted 4/23/08
It would be illegal because somebody has to get paid
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30 / M / US
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Posted 4/23/08
basically,
the original creator still hold the copyrights for the unlicensed anime, yes it's illegal.
but the creator itself usually doesnt really care about this, so it's most likely fine.

thou there's some anime that can only be seen by streams (ONA)
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22 / F / technically?
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Posted 4/23/08 , edited 4/23/08
ehh, loop holes and over-looked sites are the best. fuck corporate, they have enough money, all I want is some anime
but if its from a small or independent company, I'll buy it just to show some support if its good
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29 / F / sacramento
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Posted 4/23/08
damn all licensed taking thing off website why not let other people enjoy it!!!!!!!!
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