Comcast Targets Unlicensed Anime Torrenters
SailorSpork writes "According to a thread on the forums of AnimeSuki, a popular anime bittorent index site, Comcast has begun sending DCMA letters to customers downloading unlicensed fan-subtitled anime shows via bittorrent. By 'unlicensed', they mean that no english language company has the rights to it. The letters are claiming that the copyright holder or an authorized agent are making the infringement claims, though usually these requests are also sent to the site itself rather that individual downloaders. My question is have they really been in contact with Japanese anime companies, or is this another scare tactic by Comcast to try and reduce the bandwidth use of their heavier customers now that their previous tactics have come under legal fire?"
Haven't the anime companies pretty much said "It's okay, so long as it hasn't been licensed"? I remember the first season of Ghost in the Shell:SAC. When it got picked up for the US market, the company who owns it politely asked the fansub groups to stop. (And they did if I recall.)
The DMCA requires the copyright holder to issue the takedown. If the anime is unlicensed, that means that **nobody** in the US is legally able to issue that takedown, and it should be ignored, or a counter takedown/law suit should be initiated...
IANAL, of course, but the wiki page is pretty clear on that.
If I have nothing to hide, don't search me
Are we in the right to demand Comcast to reveal the name of the copyright holder upon receiving a DMCA notification?
I've been running a personal mailserver for the past four-plus years off of Comcast, this Thursday or so they just started filtering SMTP connections to it. The IMAP / IMAPSSL / etc connections all were working fine. Anyone else seen same?
Some (possible) reasons:
- Series' length is small enough to let people that don't like sitting around for days on torrents download them, yet large enough to cause a impact
- Large fansubbing community, some of which compete (so a lot of different versions of the same thing floating around)
- Community that rabidly encourages watching new shows, partially because a lot of anime is so similar, and again, partially because of the short series length of each
- Otaku have the time and devotion to put into managing daily torrents/downloads
- Generality of the genre - it's like saying "there's a lot of people that watch sitcoms"
- There are a lot of nerds on the Internet, period!
I don't care for most anime (most of it seems to be robots, ninjas, and loli) but the people that do are very devoted to the genre. I'm not surprised that it would account for a lot of traffic.
There's two big draws I think. First off, look at the success of serialized shows like Heroes and Lost. Shows with ongoing plot lines, rather than completely episodic sit-coms and dramas like CSI. Rather than being the exception, shows with a single overarching plot line planned from the start of the series (or even earlier in the case of an anime based on a manga) are the norm in most genres. So you can have development, a real crisis, and a conclusion in 13 or 26 episodes. Compared to most american shows whose primary goal is to stay on the air as long as possible, anime provides a better storytelling experience.
Secondly, animated shows can tackle any subject matter. You don't need block buster CGI effects since everything is animated anyway. So anime shows can feature sci-fi, fantasy, or ridiculous action themes much more easily than an american tv show can.
There are some people who like it because it's Japanese and exotic and weird, but all in all I don't think that's the primary reason. It's simply that the animated medium allows more flexibility and creativity than live action, but is stigmatized in america as being childish.
The laws of probability forbid it!
Because it cuts into their employee's bandwidth to download the same thing.
"Slapping lipstick on a pig does NOT make it Natalie Portman. Paris Hilton, maybe, but not Portman." - UncleTogie
Add into that the fact that the internet is the only avenue for getting these shows in a translated format without having to wait for X years if licensed, or forever if not licensed. Standard domestic shows you can just watch it on regular TV or set up a DVR.
When will people say "ENOUGH IS ENOUGH" and jump off these ISPs and stop being their customers?
When we have another choice besides dial-up.
The truth shall set you free!
hehe, people in many parts of the US have no options. They've allowed their market to be dominated by a few players who are in cahoots.
How we know is more important than what we know.
Well, since peers also share pieces of the file, you could technically get busted even for running a download.
-ongoing storylines
-many of the plots are based in part on japanese legend and myth
-extensive use of metaphor and symbolism
-it's not like cartoons here which are mainly for kids, a lot of anime is geared toward older age groups and tackles more difficult/mature topics
-science fiction and fantasy brought to life through animation
-a great way to test out your understanding of the japanese language if you watch the original non-fan subed versions
-anime reflects japanese culture to some extent just like our own entertainment is molded by current events/culture
-a lot of really good story lines that actually are worth watching and draw you into the story.
-there are *a lot* of different genres and stories, if you find yourself bored with a certain anime series you can switch to another easily
-there's a big community behind anime and manga- lots of fan-fiction and what not that explores the story further
Sigs are too short to say anything truly profound so read the above post instead.
If you'd actually read the comment at all you'd realize he was saying it's like porn in that it uses so much bandwidth and is so widely distributed. So I guess your comment is a troll.
For me anime is just an available source for more quality entertainment. I'm so desensitized to most entertainment that I dislike most of it now. So I look to other cultures to find things that are fresh to me. Anime seems to take a little more risk than American television so it keeps my attention.
The people that are truly obsessive only make it an easy outlet for me.
There's basically been tacit allowance of widespread copyright infringement for unlicensed anime because there is little incentive for the Japanese companies to try to stop it. That's because the English market for an unlicensed anime isn't open yet; they need someone to translate and distribute it. There's no money to be lost yet, so they can mostly benefit from the infringement to market the shows and get data on what's popular in the western markets. The only downside is the risk of not being able to stop infringement once they license, but many fansubbers will stop translating willingly when it is licensed. And people will still pirate anyways...
Comcast however, has a direct interest in stopping this: it eats up bandwidth. So I would guess they are either mostly or completely behind this rather than the copyright holders. I wonder if they even have permission from the copyright holders to send these out.
For f*** sake... when will this stop? When will people say "ENOUGH IS ENOUGH" and jump off these ISPs and stop being their customers?
In my area it's Comcast and Qwest. Qwests prices are significantly higher than Comcast.
When Comcast called me and said that 300 Gb/mo is way to much, I simply asked them if I could pay more for them to stop harassing me about bandwidth usage. So for another $30/mo I went from being a 'home' user to their business class connection. And even though their home and business connections are listed at the same speed (8 Mb), I now actually get 10-12 Mb. (Plus I go from 768 up to a full meg).
Now, since I'm a business class user, they expect traffic levels they would see from a business that has anywhere from a few computers to fifty computers. Now 300 Gb/mo doesn't seem so high when you compare it to one of the sites I do contracting for--they have 40 workstations, 3 servers, and are constantly transferring high res x-rays to other sites.
The only part that pissed me off about Comcast calling was that they simply never told me of their magical cap, and they refused to tell me what it was--just that I had run over it.
I would have had no problem if they flat out told me their rates and caps--like 500 Gb for $80/mo.
There's no place like
Hmm... Why do I watch anime? That's a good question. Several reasons that I can think of off the top of my head are:
:)
1) It's not the standard US crap that's all pointed at the lowest common denominator. Most US shows are so blatantly dumbed down that it's absolutely pathetic. Anything that strikes of being intelligent (and isn't a medical or criminal drama) usually ends up taken off the air in a season.
2) It gives a different perspective on life sometimes. The characters are of course larger than life and more extreme than reality usually is, but some of the differences in how Asians and Westerners perceive life is fascinating.
3) Anime doesn't need a $100 million dollar budget to put out a good solid high quality show.
4) Good anime is timeless. Just borrowed some old 80s anime from a friend, and it's just as irrelevant today as it was then. Still fun to watch though.
5) I don't have to put up with some annoying fluff head that thinks their opinion suddenly matters because they play a character on TV.
6) I don't have to put up with laugh tracks.
7) Voice actors on anime don't get paid a million dollars an episode like some American "actors."
8) I was a fan of Nagel http://www.patricknagel.com/ and Olivia De Bernardis http://www.eolivia.com/ so... The fan service can be fun...
9) Different mythos and cultures can really make a show interesting to me even if I think the premise is kind of dumb.
10) Did I mention no fluff headed "actors" that couldn't make me believe they were on fire if I doused them with gasoline and put a match to them myself?
I tend to like the longer story arc anime, although a few of the shorter works are just as interesting. Cowboy Bebop was one of my favorites. I wrote bail for 2 years, and sometime the characters just reminded me of people I knew in the industry. Hikaru no Go was an interesting series as well, since it showed a glimpse into what it's like to be a Go player in Japan. I don't usually like the "Big F**king Robot" anime, although I do have a few exceptions to that rule (Armitage, Bubblegum, GunBuster). And although Naruto is a secret (well, not anymore) vice of mine I'm not really a big fan of the "Ninja" crap. What I mostly like about anime though is that the characters actually tend to develop as the series continues, unlike the cardboard cutout US characters. Most of the time it really doesn't matter to me what the setting is, as long as I can find the characters compelling.
A better question though might be: Why do people continue to watch the crap that American companies have continued to foist off on the world as "art?" Like "Survivor." After the first couple of episodes, I kept hoping they'd drop a nuke on them to give the bastards something to survive. Or "Lost." I figured out why they didn't get rescued. No one gave a flying fsck if they ever got off the damn island. "Dresden Files" I liked, but of course SCIFI killed it so they could have more wrestling (True, it's fiction, but is there REALLY any Science in pro wrestling?). I have 200 channels and I usually end up on Cartoon Network, TBS, Nick at Night, Discovery Channel, or the History channel.
- No matter how subtle the wizard, a knife between the shoulder blades really cramps his style.
you could technically get busted even for running a download
Technically nothing, that's exactly what happened. Worse, the person that got served had no clue (and still doesn't seem to realize) that they didn't get the notice because of downloading, but because of sharing. How many other people are there that don't know how torrents work who are in the same position?
Standing back and looking at it, it's a great tactic. Torrenters will turn sharing off to avoid these notices, which in turn will cut down on availability, hitting the torrent concept squarely where it benefits most. Sources become fewer with more infringement per source, making them more profitable to persue legally.
Comcast has no idea what Anime is, they probably don't even know WHAT their users are downloading at all
nor do they REALLY care, all they care about is what costs them money and that is people USING the service they paid for
a wee bit more then others. (oh the horrible crime!!!)
It is simply the assumption that bittorrent + lots traffic = illegal. No need to verify, just roll out the DMCA crap.
Comcast expects that teir 'stupid customors' won't know how to properly respond and hope that they simply won't have the resources
to put up any fight. It the same as the *AA thugs say, BitTorrent or ANY type of P2P file distribution is ALWAYS used, by ALL users,
to share copyrighted content and only if THEY have full control over the distribution (which can never fully happen in P2P) can they
believe that anyone MIGHT be 'less of a criminal' (but they should probably pay them anyway, since all people are obviously evil).
It's Comcasts + MAFIAA ongoing attempt to make P2P illegal, not just by law but also by peoples believes.
If you tell them often enough that it's a horrible HORRIBLE crime, then at some point people (especially by those who do not use/understand)
will believe it and that's when you get stupid juries that award x billion for having some bittorrent client installed.
Distribution (without profit) of unlicensed content is fully legal, but like i said, Comcast doesn't even know it is unlicensed Anime
and nor do they care. They didn't care what content was distributed when they simply killed p2p connections before. It was p2p, that's enough.
So the MAFIAA wants you to remember:
P2P = bad = crime... obviously you should feel really REALLY bad the next time you download a WoW patch... (you criminal!!!)
Now that Comcast is actively monitoring and selectively interfering with traffic doesn't that mean they are no longer a common carrier? Aren't they now obliged to detect and stop all the child porn and all the unlicensed & infringing material, and slander & libel, and terrorist threats ?
More importantly aren't they legally responsible for such content on their network? Can't they now be sued by various interests?
Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
However, the letter posted in TFA doesn't look like a DMCA takedown notice. It looks like just a warning about acceptable use policy infringements. If they'd been DMCA notices then Comcast would apparently be committing perjury.
animesuki is one of the two sites I get most of my anime torrents from. Tokyotosho is the other that I'd heartily suggest. Some torrents are duplicates, but they do carry a fair bit of different stuff too(eg: OSTs on tokyotosho, raws, etc...). And tokyotosho doesn't mind carrying some shows that animesuki wouldn't be willing to.
It's interesting that so many folks don't understand what anime is. I've helped run a club for nearly a decade so what I can tell you and why it's loved has more to do with it's format I suspect. I prefer to call them anime series because most series are about 12-26 episodes long. Imagine going to watch a good movie and having it last for 12-26 episodes. It's why I like anime, they can go far more in depth than a good movie plus they cover topics that would give our censoring groups a heart attack. Some views on religion or god for example are interesting. Also there's a massive variety. Imagine the variety that a movie rental has. That's the diversity that anime has. Plus if you find something you like, you'll have a good 12-26 episode series versus only 2 hours of fun.
I find it sad that most folks still consider anime as being for kids only. That's as bad as saying Movies are for kids only. Or video games are only for kids. They arn't.
As for why torrenting is popular. Anime has an interesting distribution style which is something the North American companies should study. Originally when I first joined anime years ago it was tough to find it. Now you can find nearly anything licensed or unlicensed online. While the general idea is that once a North American company licenses it, the torrenting is suppose to stop it doesn't. Halariously most copyright holders don't entirely care. That's because they don't have to spend a cent on advertising and a series gets popular by it's own credits. Fans then go out and buy the overpriced series they like. So there you have it, it's all online for you to pick and choose and if you really like it you can shell out your hard earned cash. I guess in a sense this means that fans end up paying for the pirating but hell, if you really love a series don't you want more people to see it? Win-win for both consumer and producer I say. ISPs of course lose on this the most due to all the torrent traffic.
Anime in general is not porn. Yakitate Japan for example. It centers around the idea of "Furansupan" (French Bread), "doitsupan" (German rye-based bread), "itariapan" (Italian bread), all exist. So a boy blessed with solar hands perfect for kneading bread decides to create a bread for the Japanese people, a Ja-pan.
This is something not likely to be licensed in the US.
There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
A bit of history here, could get long-winded.
The actual origins of the letter are a group of Japanese Anime Licensors, acting under the umbrella of a foreign distributor, Singapore-based Odex Pte Ltd, which itself provides local distribution of VCDs, DVDs and sublicensing for on-air distribution. They first started going after their own customer base, by obtaining lists of ISP customers through their ISPs, (and please note the ISPs themselves were so ignorant of their customers rights that they didn't really put up much of a challenge to the right to obtain customer data, but hey, lawsuits like this doesn't happen often in Singapore). Once having obtained the contact info of the customers they started issuing letters of demand to the individual customer themselves for the amounts of SGD3000-5000 in restitution, together with a promissory note not to do it again.
Of course, there are those who would say it was a fishing expedition, just to get the person to admit fault and become liable for prosecution (which would mean possible jail time under Singapore law).
In any case, the PR backlash was immense, it made the news, and anime communities around the world took note. In order to pursue the alleged infringer without compromising his identity, Odex is now attempting to use the ISP as it's middleman to communicate their demands to the ISP customer. Which is why the letter is sent from Comcast and not from Odex itself, the company is supposed not to know the exact details of the infringer.
http://xedodefense.org/articles.php?art_ID=3
Starbucks, Harbuckle of Breath.
I see some people come up with the logical question, why still use comcast. Because we have no choice people reply. But aren't you americans, the country of the free market that should ensure plenty of competition? How come I as a socialist live in a country with multiple ISP's whose competition is mandated by the goverment, creating a free market and ensuring that any ISP that tried to pull this will be out of business very soon (it is very hard here to even find an ISP who still uses traffic limits other then the speed of your connection)
Shut up the reply then usually is.
Americans seem to be brainwashed when it comes to the free market, they been told that goverment regulation is bad and will scream about it at every opportunity but are totally unable to regonize the results of it.
If comcast is truly the only alternative in some areas, then that is clear evidence the free market does not work. WIth current tech there should be at least two options, cable and adsl, in all areas, using the cable and phone network that any reasonable goverment should have mandated should be available to all homes.
With both networks it is also trivial to mandate open access so that there is a difference between the company operating the cable and the actual ISP.
Is there truly no alternative to comcast (an ISP that charges tripple for a better service DOES count as an alternative, quality costs money) and if so, why are americans so utterly incapable of spotting that this is wrong and needs to be fixed, by the state, because IF it is true it is clear evidence that the free market doesn't work.
I can predict right now that this post will be modded down by an american who just cannot accept that the free market don't work, and get comments spouting why goverment interference is bad without actually ever touching the end result, that in goverment regulated areas people got choice and freedom, and in free areas people have restricitons and are at the whim of their ISP.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
given the general rule is "take a good show and ruin it with total shitville translation and voiceover" (cowboy Bebop being one of the few exceptions), and the all to frequent butchering of the plot (and frequent digital re imaging) to be as sanitised as all the other (American) crap that oozes from our tv sets no wonder..., when they watch it it's just to laugh at the butchery. Honestly I don't even own a TV these days... I voted with my feet.
...that Comcast is apparently in charge of Gundam.
That's easy and hard to explain: Good plots.
:)
The average TV show loses its appeal after a handful of episodes. It becomes repetitive, if it was any good and intriguing to start with. Most shows today are predictable and quite devoid of any plot twists. IMO, a waste of time, because you only get to watch what was a given after 10 minutes of the show. Rarely if ever a show manages to capture me, that's why Lost lost me after about half of the first season. It was a given that there will be no revelation, that the big obstacle they are about to solve gives them any more insight instead of yet another set of questions that will remain unanswered in suspense over the next couple episodes.
Here's where anime shine. You get resolutions, and quite often fairly surprising resolutions, yet the story can continue. They're also not so terribly set dead on a "happy end". Heros can fail. Heros can die. When you watch a common western show, it's a given that the hero either survives or dies some heroic death saving the day. That's not necessarily a requirement for anime. When the hero gets into a tight spot, it's not a given that he comes out somehow.
Animation offers a lot of freedom in that area. You don't need to go through a lengthy casting for your hero and have to cling to him, since it would certainly be a waste to "use" him only for a handful of episodes or a season, or have him die mid season because it would fit nicely into the plot. It's also easier to keep such deaths a surprise. If the actor who's playing some hero in a series takes a role in some movie for the same year, you have a good chance that he'll be gone soon. No such thing in anime. Moreover, you can have long term contracts with your voice actors even if their role dies. Assign him a new role, have him use a different tone and you're set. You can't do that with an actor.
Not to mention that SFX are a lot cheaper. Blowing up a building doesn't cost more than a lengthy talk in a cafe. Actually, it costs less.
Especially that last point leads to a lot more action and a lot faster paced story development. You'll rarely see "filler" episodes where you can actually smell that the budget wasn't big enough for anything but "characters sit down somewhere cheap and discuss their backgrounds".
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
First there are two laws at work here. The first is obvious, anime/manga is subject to copyright just like any other creative work. Just because it comes from japan (or anywhere else) does not change that.
Second is the issue that it is NOT legal to make a translation of something without permission from the original creator. If I translate your post, that could land me in legal trouble. The law is a bit idiotic as it is broken the moment a reader translates something in his own mind to his native tongue. It also conflicts with most countries own laws on accesibility, translating for instance for the hearing impaired into sign language or in braille for the sight impaired.
Nonetheless, providing a translation of a copyrighted work is by itself illegal.
Now for the position of 'some' anime/manga producers from japan on the subject of foreigners distributing their work with subtitels. They ignore it. Some individual authors have expressed themselves more clearly, but as far as I know no company has ever uttered a statement on the subject OTHER then that they were against it. Any official statement that says otherwise would have the lawyers shitting themselves.
Why? It would mean they would also have to tolerate domestic redistribution of their work by fans. No japanese court would accept a claim by a anime/manga company against japanese filesharers if they given an official statement that it is okay for the rest of the world.
This is in fact the problem, the fansub community has become so big, so reliable and so good that the japanese themselves now use them as their source for 'illegal' downloads. This obviously upsets some companies, and is changing the attitude to fansubs, it is no longer just a few otaku's who share homemade vhs tapes. Some of the subs are in fact of better quality then the commercial release because fansubs are not restricted to the horrible subtitle system of DVD's and can use all kinds of fancy tricks like overlays and color and multiple subs to truly translate and explain what is going on. Plus, well, most commericial subs just plain suck as they get even simple things wrong such as the first name, last name order and use the wrong one in the subs even if the correct name is an essential part of the plot.
Speed is another issue, fansubs are done in days, at times hours. By the time the offical release ever happens, the fan community will have moved on. The idea that you watch the first few eps fansubbed and get the rest on DVD just ain't real anymore, by the time the official western version is out, the fans will have fixed the few errors in the subs, rereleased it with the japanese DVD's as the source including promo's and tv specials and you would have to be very dedicated to buy it on dvd. With bad subs, and always the threat of censoring.
So how come japanese companies still haven't openly attacked this? Well some have, and send out copyright notices immidiatly regardless of wether it has been licensed in the west.
But there is a part of it that goes against japanese culture.
This is turning into a long rant but the first is relatively simple, japanese anime and manga is often far more directly produced by the creators then in the west. They want to produce their work, and don't care about all the legal crap. Just like not all music artist in the west care about filesharing, they are too busy with their art to worry about it. This however is changing as the nature of fansubbing has changed and become far more proffesional. Most material can't be licensed anyway, because it deals with subjects you could never broadcast on western television (well US television anyway) or because it just too specific to japan (Card Captor Sakura was carefully editited in its western release to remove all traces of the series actually being set in japan). In short when you got a small business to run, that is constant on the edge of bankruptcy you got other things to do about then worry what some foreigners are up to.
That neatly leads to the
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
It's not the electoral system. Only one person can hold the singular political office that is the Presidency. If you're complaining about the two-party system, look at the first-past-the-post system we use to elect people to office. Proportional Representation systems would fix this in the legislatures, and instant-runoff voting can somewhat ameliorate the issues in the cases where we still can only elect one person (e.g. the Presidency)
The real problem with this concept, however, is threefold:
1. The politicians will never allow something that weakens their power to get reelected (and thus, anything that weakens the two-party system. This is why it's so hard for third-parties to even get on the ballot, and why many states still have closed primaries, despite the benefits to the public to allow open ones)
2. The public has an investment in having a representative they can point to and say 'that's my representative' and when, in trouble, can ask for help getting through government issues, etc.
3. Groups that are already represented by a minority (e.g. small states like Wyoming and Rhode Island in the House) will be completely ignored because their several hundred thousand votes are now positioned relative to the 'nation' and hence, irrelevant compared to the millions of voters in New York and California. This same argument is also used to defend the Electoral College, because otherwise, small states would be irrelevant for candidates to pander to or listen to.
I know this is kind of off topic, but apparently I've been blacklisted by Comcast for just uploading a hard drive back-up to Mozy.com.
I sent them an email and requested to know the bandwidth limits so I can stick to them from now on, instead of them just throttling me without warning.
We'll see how that goes over. I'm expecting a form letter back.