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Polish Fans Held By Police For Movie Translations

michuk writes "Nine people involved in a community portal Napisy.org were held for questioning by the Polish police forces this Wednesday. They will be probably be accused of publishing illegal translations of foreign movies (which is forbidden by Polish copyright law). Napisy.org website was shut down immediately afterwards by the German forces (since the servers were located in Germany). The service was the most popular Polish on-line portal where users were free to submit translated subtitles for popular movies. 'According to Polish copyright law any "processing" of others' content including translating is prohibited without permission. The people held (aged 20 - 30) were questioned on Wednesday and Thursday and then allowed to leave. In case of being accused of illegal publishing of copyrighted material, they can spend in jail up to 2 years (in the worst case).'"

37 of 204 comments (clear)

  1. Illegal thing... by slashthedot · · Score: 5, Insightful

    If it is illegal to translate, the Polish police was right in arresting the guilty.
    Rather than blaming them, the law needs to be changed.

    1. Re:Illegal thing... by Frymaster · · Score: 4, Interesting
      If it is illegal to translate, the Polish police was right in arresting the guilty.

      to a certain degree, this makes sense. witness the 2003 illegal translation of harry potter and the order of the phoenix. it was so bad that the quality of the content was dramatically reduced... at one point the translator even wrote "Here comes something that I'm unable to translate, sorry."

      so, the idea of having 'approved' translators can be necessary to preserve the integrity of the content.

      my source for this is here

    2. Re:Illegal thing... by MWojcik · · Score: 2, Informative

      If it is illegal to translate, the Polish police was right in arresting the guilty. Translating for your own use is not illegal in Poland. Publishing is.

      Same as with music and movies - we can download them, we can't publish (upload) them.
    3. Re:Illegal thing... by jandrese · · Score: 2, Insightful

      Yeah, but what if it's the "state approved" translation that's horrible? You'd be up a creek. In this case, the horrible translation would be replaced by a much better one when someone realized they could do a better job. This happens a lot in the fansub community. Often the first translation is the worst because it's a rush job, but then a "HQ" fansubber will follow up and put out a solid translation.

      --

      I read the internet for the articles.
    4. Re:Illegal thing... by Yetihehe · · Score: 3, Informative
      Well, it ISN'T illegal to translate only text in Poland.

      By judgement of Highest Court from 23.01.2003: The making of translation of word layer of audiovisual creation does not make processing of it as a whole. Thereby it can be spread without consent of the maker of original work. The translator have copyrights to translation.
      So whole action was on illegal grounds. But they found many upon many pirated films in those folks' houses, so they will have jail or fines anyway.
      --
      Extreme Programming - Redundant Array of Inexpensive Developers
    5. Re:Illegal thing... by TheVelvetFlamebait · · Score: 2, Insightful

      If it is illegal to translate, the Polish police was right in arresting the guilty.
      They didn't arrest the guilty. They never arrest the guilty. They arrest suspects who may be declared guilty later. I know it sounds like nitpicking, but it is an important distinction.
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    6. Re:Illegal thing... by 0100010001010011 · · Score: 2, Interesting
    7. Re:Illegal thing... by Jhon · · Score: 4, Informative

      Yeah, but what if it's the "state approved" translation that's horrible?
      State what? State apporved what???

      Did you even the article or this thread? Those translating need approval from the HOLDER of the copyright -- not the state. If it's "horrible", then I doubt the copyright holder will see much of a profit...
    8. Re:Illegal thing... by fluffman86 · · Score: 2, Interesting

      >>Next you need to think about what would happen if a derivative work
      >>in form of translation wouldn't need permission from the copyright holder:
      >>I could translated Harry Potter into swedish and sell copies as I saw fit
      >>since JK Rowlings wouldn't have anything to say about it...

      You are comparing apples and oranges. These Polish people were creating Subtitle files to be added to a movie. In other words, people could theoretically go purchase an English-speaking movie, then rip it and add the subtitles. There is^H^Hshould be nothing illegal about translating a movie. They are adding TEXT to FILM. People pay for the FILM--or the content--and the TEXT helps them understand what's going on. This is additive, without taking credit for or copying the main content.

      With a BOOK, however, the text *is* the main content. If you translate it for yourself, that's fine. If you read it to someone else while translating, that's fine. But if you SELL a *copy* of the book, that's wrong. Now if there was a way to *add* a translation to the book, so long as the person receiving the translation had already purchased a copy, there would be no problem.

    9. Re:Illegal thing... by risk+one · · Score: 2, Interesting

      "State approved" doesn't make much sense in this context, but the sentiment still holds. What if the content holder produces a horrible translation? Case in point, the movie Ghost in the Shell: Innocence. A movie, ten years in the making, highly anticipated by fans of the original, clearly extreme attention to detail. Go Fish, a Dreamworks distributor gets the American distribution rights, and includes only English subtitles for people that are hard of hearing. That means that while you're looking at a chopper flying over a majestic, surreal city scape, and hearing perfect 5.1 sound effects, a subtitle "[HELICOPTER SOUNDS]" fills the bottom third of your screen, ruining the whole thing. Every part of the ten year production process handled with extreme amounts of care, and the final experience gets fucked up, because some distributor wants to save a couple of bucks (or is just plain incompetent, I can't really tell).

      So what if you've waited anxiously for this release for ten years, and this is the result? You want to see the movie, but you want to get the best possible experience. Luckily, I waited for the European release (not by Dreamworks) which more than made up for it, but if I had bought the American DVD, I would've ripped the DVD and downloaded a proper sub. I realize that that has to be illegal because it is inherently incompatible with the idea of copyright, but I can't exactly say
      I would feel guilty about it.

  2. Are you kidding? by prothid · · Score: 4, Funny

    This has to be a bad Polack joke. I bet they arrest signers for the deaf at concerts, too.

  3. Same type of laws in the US (and most countries)? by KokorHekkus · · Score: 3, Informative
    I would think that most countries classify translation as an derivative work. And surely the dialogue in a movie must be copyrightable. Only reason it hasn't happend in the US might be that foreign movies aren't as popular in the US and that MPAA mainly cares about homegrown material.

    The following part of USC 17 Chapter 1 seems pretty clear to me (my emphasis):

    A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work".
    USC 17 Chapter 1:http://www.law.cornell.edu/uscode/html/uscode17/ usc_sec_17_00000101----000-.html>
  4. Wiki.. by onion2k · · Score: 2, Interesting

    Would that mean a Polish person can't legally alter a Wikipedia entry? If I go and deface the entry for some leading Polish politicians could they be arrested if they fixed the page? That's really quite tempting. :twisted:

    1. Re:Wiki.. by orra · · Score: 2, Informative

      Wikipedia content is *licensed* to all recipients under the GFDL, and so translation is allowed.

  5. Re:Couldn't they just... by dmjones500 · · Score: 2, Informative
    From the article...

    Napisy.org was the most popular Polish portal where users were free to submit translated subtitles for popular movies (mostly from English to Polish, but not only). Popular video players could be then used to display the subtitles when playing a movie (usually a DVD-rip). They were merely distributed the subtitle files to overlay onto a movie file.
  6. Re:Uh... okay... by Applekid · · Score: 2, Insightful

    On the surface there's not much to the story, but look a little deeper.

    They were releasing translated subtitle files to be used with videos. Presumably, since they needed translating, these were foreign discs. Possibly imported, sure, but the implication is likely that people need these subs to enjoy material not released by the media cartels for that region, and therefore instigates piracy: the favorite bogeyman.

    Of course, since the big companies couldn't be bothered to translate it and release it in that region they're not losing any money at all and piracy wouldn't have any impact. UNLESS they want to keep the options open and release localized version later.

    Now we're in "region coding" territory. A technique the industry uses for no technical reasons* other than to lock customers in to buying movies at the maximum prices possible.

    These weren't people making knockoff translations and selling them in the face of Polish-localized content. This was simply providing a service so people could expand their horizons a little.

    I suppose Babelfish is illegal in Poland, too. Ha-rumph.

    * one could argue that the content could be mastered for differences in NTSC/PAL timings and color spaces, but I'd say this if the content player can output in varied formats, the technical limitation is gone.

    --
    More Twoson than Cupertino
  7. Encounter by Anonymous Coward · · Score: 4, Funny

    Officer: Ok, come along nice and easy and nobody will get hurt.
    Fan: Geck, wo ist mein Auto?
    Officer: Suspect appears to be armed with translated movie quotes, shoot on site!

  8. Anime fansub by jshriverWVU · · Score: 2, Interesting

    This sounds like it could have a big impact on the anime fansub culture in Poland. Fansubs distribute the entire video, seems like these people were just offering .sub texts.

  9. Poland has nothign on the USA by SQLz · · Score: 3, Insightful
    In case of being accused of illegal publishing of copyrighted material, they can spend in jail up to 2 years (in the worst case).'

    In the USA you get less jail time for phyiscally beating someone and taking their copyrighted material than publishing copyrighted material.

  10. punishments fitting the crimes by DriveDog · · Score: 3, Insightful

    2 years? For the equivalent of making closed caption files?

    I am always reminded of the rules applicable to Commonwealth of Virginia employees when I was one.

    An employee could be fired for one instance of a level 3 offense immediately. It took more than one level 2 offense to be fired.

    Punching one's boss was a level 2. Sleeping on the job was a level 3.

    Sleeping while driving a bus might be worse than punching a boss, but most of the time this seemed upside-down and backwards to me.

  11. Re:Polish and Germans co-operating for law enforc. by Trails · · Score: 4, Funny

    Vee vere invited, punch vas served. Check vit Poland.

  12. Question: by killjoy966 · · Score: 2, Insightful

    Admittedly, I don't know much about the process of DVD subtitling, but I was under the impression that these were files distributed separately from the DVD rip. If that's all the site was supplying, isn't this akin to allowing the distribution of emulators but not the beloved ROM images associated with them?

    --

    Sigs are for suckers.

  13. Understandable sort of... by cptnapalm · · Score: 5, Funny

    So these guys enabled people to be able understand what the characters are saying in a movie.

    I can see why this would be a threat to Hollywood.

    After all, who will want to see the bulk of these films when it becomes common knowledge that behind the beautiful people and gorgeous back drops are atrocious dialogue and paint-by-numbers plots.

  14. Re:Uh... okay... by Yetihehe · · Score: 2, Interesting

    It is NOT illegal to translate only text from a film. It is illegal to translate film and release it publickly. But they were only spreading translated texts, and translated text is not whole copyrighted material, so copyrights for translations belong actually to translator.

    --
    Extreme Programming - Redundant Array of Inexpensive Developers
  15. UPDATE ON THE STORY! by Anonymous Coward · · Score: 3, Funny

    Fortunately, Polish authorities didn't realize they locked these fans on the outside of the jail cells at the same time trapping the police inside and the fans just ended up walking away.

  16. nugget of the larger story playing out by circletimessquare · · Score: 3, Insightful

    the impact of the internet is that it turns what were previously audiences into publishers. now everyone is a bertelsmann or a metro goldwyn mayer, in their living room or den or study. the same sort of power dynamics was at work over the creation of the printing press: fedualism depended in part on the ignorance of the serfs, the inability to read. when they were freed form this ignorance due to the sudden cheap and wide availability of the printed word, all sorts of political dynamics changed, fomenting revolutions and evolutions i think that are still playing out in the world over 500 years later

    well the internet frees people from being tied to distribution channels. and as with the printing press, there is an entrenched power that is losing because of this. of course movies, music, etc. is not going away because of the internet. but how movies and music are made and distribtued and how they make money is very definitely going to change, and there are real losers because of this. big (currently rich powerful, not for long) losers

    but the internet was originally designed to route around damage in the event of nuclear war. compared to that, the "damage" that entrenched media interests will exert on the net is paltry, and easily routed around

    there's no putting this genie back in the bottle

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  17. And now you know by palladiate · · Score: 2, Insightful

    The ideas of copyright and patents have grown into this thing we call IP. I've mentioned this dozens of times now, but it is the simple truth.

    IP laws have been about control of information and not profit for at least 25 years. Simple profit motives tell you that region encoding is not a bright idea. If someone wants to pay to import a disk, have it translated, etc. they will still be in the market for a nicely done local language version. You could potentially make two sales, or one sale if you never would bother localizing the product. Region encoding stops that. Why?

    Control. If information can be commoditized it can have rights "attached" to it. That means transaction regarding information you posses must be approved. Approval means cash. It's far more lucrative in the long-term to own the ideas in your book, and not own the rights to copy that book. If you own the ideas, you have control not only over distribution, but over book reviews, derivative works, viewership (5 people in your home theater? Tickets please), crappy approximated renditions on your out-of-tune guitar, or anything else the owner wants. They can even restrict you from the information entirely if they want.

    This has not been about control of copy, but of control of information.

  18. Things Haven't Changed by Hoi+Polloi · · Score: 2, Interesting
    --
    It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
  19. polish movie translation situation by Sundawn · · Score: 2, Informative

    in case anybody wonders why this happens ... movies in poland are normally dubbed with ONE guy translating all the roles in the movie. i already hate the german dubbing. not lipsync. you may even see a totally different movie with german dubbing and their creative dubbing. .. etc etc ... but at least its professional and every actor gets its own german dubbing-actor. but the most horrible thing is an age 40-50 guy translating the movie by himself. its been like that forever in poland.

  20. Re:RIAA and lyrics by cfulmer · · Score: 2, Informative

    Not exactly. There is a difference between the copyright in the recording and the copyright in the underlying musical work. So, if I write a song and you record it (with my permission), then there are two copyrighted works in the recording: my song and your performance of it. So, Bob Dylan owns the rights to the song "All Along the Watchtower," but Jimi Hendrix's estate owns the rights to his recording of the song.

    The RIAA goes after those who infringe on the copyright of the recording. The Harry Fox Agency, BMI and ASCAP typically handle the rights to the musical composition.

  21. What you should understand about Poland by C4st13v4n14 · · Score: 5, Insightful

    I have had the displeasure of living in Poland for the last four years. What you need to understand is that all foreign films/series released to VHS, DVD, and TV are dubbed into Polish BY ONE MAN. Yes, that's right. One guy does ALL the voices for ALL the actors in EVERY movie! If it is decided that a certain film will not be dubbed (and there are many of these), there will never be the possibility of watching this film by Polish-speaking people, unless they speak English. In the large cities, finding someone who speaks English is becoming easier as capitalism takes over, but let me add that when I arrived here four years ago, absolutely no one spoke English! I had to visit the local university's English department to find any. So in order to bring the people of Poland classics like Twin Peaks, and a whole slew of Hollywood and non-Hollywood films, there's a group that focuses on writing subtitles to these films and series. It's basically something anyone can contribute to, and it's just like the Polish police to shut it down.

    Every good thing that happens in this country gets shut down. It's completely hypocritical and they are targeting the wrong people. I live in a city of around 700 000 inhabitants and there are eight copy shops within 500 metres in any direction of my flat (I don't even live in the centre). I can go out to any of these copy shops and have a copyrighted textbook photocopied for about 3 cents (US) a page. Some copy shops even keep a library of texts that one can look through and order. Anything you want you can get, whatever subjects you're studying. One guy even has a website where you can order copied books beforehand, pay by credit card, and pick them up at your leisure! Most of the students here in Poland have never owned a real textbook, everyone buys photocopies. While it's true that many Polish students live off of less than 100$US a month (the average salary here is about 300$US a month or 5zl an hour so their parents don't have much to give them), the copy shops are making their living off of copyright infringement. Any day of the week, one can also go down to a special market and purchase bootlegged DVDs, CDs, software, and games. The police don't do much about these people, either.

    In order to combat book photocopying, the government started a tax on all photocopies of 3gr a page (about 1 cent US). Now all photocopies are about 4 cents a page, and the tax goes not to the publishers or companies being infringed upon, but to the government. I think it's something like the tax the Canadian government puts on blank computer media. I think it's ridiculous. In typical Polish style, rather than identify the problem and deal with it, they do something completely stupid. For two years after I moved here, there was dog shit all over the pavement/sidewalks wherever people walked. You had to really look where you were going, because you would step in it. Rather than teach people to curb their dogs, or give fines for not picking up after animals, they hired people to go around every morning and clean the sidewalks of dog shit! They need to think about their labour laws and how much people are being paid (in an EU country, no less!), but instead they worry about some young people doing the people of Poland a service by writing subtitles for those who don't know English (or Turkish, or Greek, or Hindi).

    1. Re:What you should understand about Poland by jonfr · · Score: 2, Informative

      I have seen polish tv stations with satellite tv and I can confirm what is sad here, there is a one guy how dubs all the movies, problay tv shows too. This is also the reason why I never watch polish tv stations.

    2. Re:What you should understand about Poland by Makdaam · · Score: 2, Interesting

      "One guy does ALL the voices for ALL the actors in EVERY movie!"
      That is not true! There are 3 guys, one does most of the documentaries and two other read the vioces on other movies. All of them have similar voices. Anyway it sucks...

      "Every good thing that happens in this country gets shut down."
      After 20 years of living here you get used to it :)

      The worst part is that there is no law forbidding downloading or even sharing movies. However FOTA and ZPAV (local MPAAs) claim that it is completly illegal to download movies. They tend to "help" the police by explaining what is right and what is wrong. Also there are prizes called "Zote Blachy" (Golden Badges) for the policemen who caught the most "pirates" according to ZPAV. So why should policemen chase bad guys that can hurt them if instead they can raid some people at 5 in the morning and not only raise their stats but also get a shiny prize.

      The best illustration of how differently movie corps understand Polish law was the sentence of against Warner for publishing false info on DVD covers saying "all kinds of sharing movies is illegal". They were forced to change it and stop misinformation.

    3. Re:What you should understand about Poland by jedrek · · Score: 2, Interesting

      If it is decided that a certain film will not be dubbed (and there are many of these), there will never be the possibility of watching this film by Polish-speaking people, unless they speak English.

      Unless... you know... THEY CAN READ. The fact that one guy does voice overs (not dubbing - that's a whole other industry, limited mainly to children's movies.) doesn't mean 95% of movies in the theaters are subtitled and you can buy thousands of movies that are, again, subtitled with neither a voice over or dubbed audio track. So let's put the myth of a single controlling body that allows or blocks foreign media into Poland away.

      (the average salary here is about 300$US a month or 5zl an hour so their parents don't have much to give them)

      The official average salary in Poland as of December 2006 was 2031PLN net - $726/month take home pay. Calculate in the high number of dual-income households in Poland, along with the HUGE gray market, and suddenly it turns out families are making $12-15k/year in a country where my 550 sq ft flat in Warsaw costs me $200/month, all utilities+internet included. Of course, students are broke in Poland - they're broke everywhere. But a full time student goes to school for free and night school students (weekend students) usually work. And almost nobody leaves school after 5 years (the standard route in Poland is a 3 year batchelor's degree nobody cares about and a 2 year masters) with their family in debt (unlike the US).

      Please don't quote me official unemployment rates and moan about students not being able to find work - in every industry I know people are SOL looking for employees, even those that are marginally qualified. Those rates are bullshit, just like the $300/month salary you quoted. There are help wanted signs in every other window in Krakow and Warsaw. Although you probably live in Lodz... but comparing Lodz to the rest of Poland is like going to Detroit and being amazed at how poor the USA is.

      They need to think about their labour laws and how much people are being paid (in an EU country, no less!), but instead they worry about some young people doing the people of Poland a service by writing subtitles for those who don't know English (or Turkish, or Greek, or Hindi).

      If you had read any of the articles in the Polish media, you would've known that the copyright holders filed an official complaint that the police had to act upon. It's the copyright holders right to do that, and the police's responsibility to execute the law. Is the law imperfect? Sure, but put the blame where it needs to be placed: with the studios that went after the site.

      And please don't forget, nobody was downloading subtitles to watch their legally purchased movie.

  22. In Soviet Russia... by bitRAKE · · Score: 2, Funny

    ...the movies translate you.

  23. My question is by Solandri · · Score: 2, Interesting

    How do they determine that this is actually a translation? Presumably by having someone make an (illegal) translation and comparing the two?

  24. There are already prof translations by mkor · · Score: 2, Informative

    Their "problem" is not about lack of legal translations of the films. The films are on the market on DVDs (with some lag, but they are) with proper Polish subtitles (or the guy "dubbing", whatever you prefer). The subtitles from napisy.org are used for xvid and divx movies, where you do not have subtitles. People download movies from the net and they need subtitles for them. There's where napisy.org comes.