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Police, Copyright Industry Raid Movie Subtitle Fansite

Swedish Pirate Party founder Rick Falkvinge reports that a fansite providing subtitles for movies has been raided by Swedish police at the behest of the copyright industry. "The movie subtitle fansite undertexter.se, literally meaning subtitles.se, is a site where people contribute their own translations of movies. This lets people who aren't good at the original language of a movie or cartoon put those fan-made subtitles – fansubs – on top of the movie or cartoon. Fansubbing is a thriving culture which usually provides better-than-professional subtitles for new episodes with less than 24 hours of turnaround (whereas the providers of the original cartoon or movie can easily take six months or more). What’s remarkable about this raid is that the copyright industry has decided to do a full-out raid against something that is entirely fan-made. It underscores the general sentiment of the copyright monopoly not protecting the creator of artwork, but protecting the big distribution monopolies, no matter who actually created the art."

18 of 344 comments (clear)

  1. Fuck 'em by magic+maverick+ · · Score: 5, Insightful

    Sure there is some copyright issues with translatins, but seriously, fuck the copyright holders, and the middle-men, in this case. And, of course, fuck the police.

    What the industry needs to do instead of this sort of bullshit, is to contract with the fansubbers, and pay them for their work. The fansubbers provider a much quicker turn around on translations and subs, and are doing it for the love of the work. What better way to make yourself look even better, than to not just tolerate, but to pay!?

    The fansubbers allow people to watch the media who would otherwise not be able to (due to not understanding the language). That's great. I wish them well.

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    1. Re:Fuck 'em by sosume · · Score: 5, Insightful

      Well, those darned Swedes were in a clear violation of U.S. Code Title 17, 102 and 106. Which is punishable with a fine of up to $150,000, they should have known the law. Which makes me wonder, does the EU copyright lobby organize raids on companies in the US? Would the FBI cooperate?

    2. Re:Fuck 'em by Ash+Vince · · Score: 4, Insightful

      Woah there... Who said anything about pirating? If you wanted to watch a movie you bought that was not in a language you can understand, wouldn't you want subtitles?

      Yes, but in many cases it is cheaper to buy an english only version of a movie than one with local subtitles. The MPAA want to preserve this charging of countries other than the US more money for the same crap.

      Just because this makes sense does not really make it right though. I think they missed the point here as in many cases the user contributed subtitles are better than the original subtitles they provide as they often contain local slang that only someone who can swear well in both languages can make. They should have let this stand as all it had was text which without a copy of the video and sound would be pretty useless.

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    3. Re:Fuck 'em by DigiShaman · · Score: 4, Insightful

      That's the entire point. The don't want a master DVD with all languages. They profit by keeping regional copies separate. They're pissed that this fan site undermines their profit margins by making this all open on the Internet.

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    4. Re:Fuck 'em by Anonymous Coward · · Score: 2, Insightful

      And at the same time likely increased the sales of the DVD in the original language.

      You are correct in that a translation is considered a derivative work (at least under US law). Whether it should be considered as a violation of copyright law is debatable however. You seem to intuit harm due to fans providing free subtitles. I would argue that the harm is mostly non-existant in that lower sales of language specific versions are offset by sales of the original language version. It might even encourage more people to buy since they are often higher quality. There have been several studies that have shown even piracy of the entire work actually boosts sales since some of the people that grab it for free and like it will go out and buy a copy or tell their friends about it and _they_ then end up buying a copy that they wouldn't have otherwise.

    5. Re:Fuck 'em by ganjadude · · Score: 4, Insightful

      the people who buy from street vendors in NYC instead of the botique shops are not getting ripped off, they know they are buying fake goods. for some people spending 20 bucks ona handbag that is close enough to the real thing (sometimes better believe it or not) know damn well they are not getting the real thing when it costs 2000 bucks in the store down the road.

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    6. Re:Fuck 'em by PopeRatzo · · Score: 4, Insightful

      We pay $50+ here in America for concerts because of music pirating

      Oh, is that the reason? Why not just say pirating causes breast cancer too?

      The quality of RIAA/MPAA troll has really gone down. I guess qualified people are figuring out that it's better doing something that's more ethical, like running three card monte games.

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    7. Re:Fuck 'em by CanHasDIY · · Score: 4, Insightful

      We pay $50+ here in America for concerts because of music pirating.

      WTF?

      No, dude, you pay $150+ for concerts because recording labels and certain 'artists' are greedy, avaricious fuckheads.

      [insert gag about Kid Rock being able to charge $20 for tickets because nobody listens to his shitty music anyway, let alone pirating it]

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    8. Re:Fuck 'em by NotSanguine · · Score: 4, Insightful

      Nothing he said was trolling. Nothing he said was BS. Nothing he said was pro-RIAA/MPAA.

      A producer, or creator or author or whatever you want to call him, has a fundamental right to profit off his created work (his "goods and services") the same as any other. Merely supporting that right is not the same as supporting the MPAA, nor is it BS.

      And so if I legally purchase a movie and then use sub-titles created by someone else so I can understand the dialogue, I'm ripping off the creator of the work? Please explain how that is.

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  2. Translation is a copyright owner's exclusive right by tepples · · Score: 5, Insightful

    I don't see how it's "entirely fan-made". Under current law, a translation of an audiovisual work's original script into another language is a derivative work.

  3. Yet more proof that copyrights are NOT good by Anonymous Coward · · Score: 4, Insightful

    Yet more proof that copyrights are NOT good for the public. They are only good for big media and other sociopathic entities with deep pockets.

  4. Because the broken one costs more by Anonymous Coward · · Score: 3, Insightful

    I think that part of their motivation to attack such a site is that people using these subtitles are likely to be using them with pirated versions of the shows/movies. You can select your own subtitle file on many media players for the show you downloaded, however, things you are watching on TV/Blu-ray/Betamax do not usually have the option to overlay custom subtitle files.

    Mind you, this just lends more credence to the argument that legitimately purchased versions are often worse than pirated ones because they lack such functionality.

  5. Re:Derivative work by gl4ss · · Score: 4, Insightful

    Sadly, you do require the copyright holder's permission to create one...which is sad if the creator of the original work chooses not to authorize it in your language.

    I can see both sides of this, but there should be a loophole for non-commercial works. There's no way the studio can show economic losses, and the derivative work is valueless in and of itself (without the original film).

    there should be loophole for partials. the subtitles aren't really that useful on their own.

    however all nordic countries have basically translator guilds which do sometimes hilarious work, but have been bitching lately how their unionizing hasn't gone all too well. problem is that spending couple of years in university apparently doesn't make good as good translators.. since they don't care shit about the material. fans do.

    some of the best subs I've seen have been for japanese stuff, with the translator bothering to mention texts, clues and culturally significant symbols as well.

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  6. Re:Translation is a copyright owner's exclusive ri by MaskedSlacker · · Score: 4, Insightful

    Because the translated script by itself is not useful. There is no reason to pirate subtitles alone, so there's no need for those to be protected too. If I download fan-made subtitles, I still need to get the movie for them to be useful. It's the AUDIOVISUAL part which contains the entertainment utility (and deserving of some protection).

    A book is different because it is solely the words themselves that contain the entertainment utility.

  7. Only in US-style banana republics. by boorack · · Score: 5, Insightful

    Or are you trying to apply corrupt US law onto Sweden ? There was similiar case in Poland (napisy.org) few years ago. Police raided site administrator and some folks who did actual translation. Then it tool 6 years for prosecutor to determine that those translations were actually legal because it was voice->text translation, not text->text, so it did not constitute derivative work. Yet prosecutors did everything in their power to prolong this case, so it took 6 years to close this case. From copyright cartel point of view it is mission accomplished: napisy.org is still defunct. Falkvinge is right that we truly have two-tiered justice system worldwide. It is totally corrupt, yet as long as people still get their daily fox-news-style crap-propaganda, everyone is apathetic enough to just get along with whatever fraud our corporate overlords instigate on us.

  8. Re:Translation is a copyright owner's exclusive ri by jedidiah · · Score: 5, Insightful

    > You aren't allowed to muck with someone else's work without their permission. That's the whole point of copyright,

    No it isn't.

    The whole point of copyright is that we do have something to muck with. Copyright exists to foster what you would describe as piracy. It is not a virtual land grab. That's just corporate propaganda.

    No. The whole point of copyright is piracy.

    The corporations have just distorted things.

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  9. Re:Translation is a copyright owner's exclusive ri by Dishevel · · Score: 3, Insightful

    Because I will of course pay the same amount for an English movie, with English speakers, speaking English in the movie as I would for a badly dubbed Chinese version of the movie with translated English subtitles.

    How do you remember to breath all the time?

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  10. Re:Yes, all works are derivative. by ldobehardcore · · Score: 4, Insightful

    They can sue if they can show that your work is a derivative of the Disney work

    Not exactly true either. They can sue without of the evidence of infringement if they're so inclined. They'll lose if the evidence is against them, but they'll still put a heavy financial burden on the party they'll sue. If Disney thinks they can bankrupt the defendant, and it's worth the cost, then they can sue with practically no standing.

    That's why corporate ownership of copyright is a financially asymmetrical and unfair legal allowance. The richest media companies can buy up whatever properties they want and then tie up smaller parties in a civil suit subsequently incurring disproportionate expense on the defendant. They can then offer a settlement deal, and give the smaller party a cheaper option than winning in court. If Disney loses in court, it's objective is still realized by the bankruptcy of the defendant. If the defendant instead settles, they promise to censor their work irrespective of whether or not the work was infringing. If Disney wins, it gets to expand the scope of its intellectual property and bankrupt the defendant. Its a no-lose situation for Disney if the value of the defendant's property is equal to or greater than court costs.

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