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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."

236 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.

    --
    HELP MY ACCOUNT HAS BEEN HACKED BY AN ILLIBERAL ART STUDENT SET TO DESTROY THE INTERWEBZ!
    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 Anonymous Coward · · Score: 5, Interesting

      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?

    3. Re:Fuck 'em by tqk · · Score: 2

      What the industry needs to do instead of this sort of bullshit, is to contract with the fansubbers, and pay them for their work.

      Or, do their jobs producing timely translations of their own works. Then there'd be no need/call/market for fansubbers in the first place.

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    4. Re:Fuck 'em by GrumpySteen · · Score: 3, Informative

      This isn't Reddit. Once a comment is modded to -1, no further downmods are permitted as the comment as reached its limit.

    5. Re:Fuck 'em by rubycodez · · Score: 2

      Get this through your head. the movie makers made or lost their tens of millions the first few weeks of the thing opening, and some more when DVD released. that doesn't change with this fansubbing practice. The equillibrium state of information is to be free in both the sense of known and worth, get that through your head, and the original intention of copyright with short expiration term was that works become part of the culture, get that through your head. The entertainment cartels are using law enforcement as their private employees bypassing due process, get that through your head.

    6. Re:Fuck 'em by hawguy · · Score: 5, Informative

      Movies and music are NOT free. Get that through your head. You might find it convenient to freely stream a flick some conglomerate of investors sank $100 million to produce. No matter how you rationalize what you're doing you're taking for free what someone spent money to produce and is trying to sell.

      The fundamentals will not change. Not thinking a movie is worth of your $10 is not an excuse. Thinking the lead actor is an untalented douche is not an excuse. Hating the producer is not an excuse. Your convenience is not an excuse. You are not entitled to free shit and you are not a delicate unique little snowflake.

      They aren't hosting movies, they are transcribing movies into subtitles, if anything, they are making the movies more desirable by making them available in many more languages.

      Aside from the obvious benefit for those that want to watch a movie filmed in a language they don't speak, I also found it useful to add subtitles to movies I already own. When my wife's Japanese speaking family came to visit from Japan, I was able to find subtitle files that matched up with some titles that I owned on DVD. I had to adjust the timing a bit to get them to match up, but it opened up a lot of movie possibilities that wouldn't otherwise be available. Few movies sold in the USA are subtitled in Japanese (though I did find a few Japanese movies on Netflix that are subtitled in English). I did see some movies on Amazon.jp that were English with Japanese subtitles, but since I lack a region-2 or multiregion DVD player, the movie industry has made it impossible for me to view them.

      I've already paid for the movie and its content for personal viewing, so it's hard for the movie industry to say that someone translating from English->Japanese is stealing their creative work.

    7. Re:Fuck 'em by gl4ss · · Score: 2

      they could just spend 200 million on it.

      I've yet to see budget correlate to how good the movie is and I have limited amount of time. Also I haven't noticed any correlation in if the movie was worth making regards to amount of piracy, at least in the negative sense when it comes to the movie making a profit.

      If nobody is bothering to watch it for free then the movie has usually tanked badly in box office.

      as to who wanted the raid to happen? maybe, just maybe it was the swedish writers union. maybe they got tipped off that netflix in nordic countries got caught from using fansubs ;D. also subsequently that is why the official translations suck ass, they're done by professionals who don't care about the subject matter on fixed fees - it doesn't matter to them one fucking dime if they change the whole plot on it's head by their shitty translation. fuck 'em and fuck 'em high.

      --
      world was created 5 seconds before this post as it is.
    8. 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.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    9. Re:Fuck 'em by compro01 · · Score: 5, Funny

      Can you read? No, seriously, are you actually able to read?

      No. That's why he's got a hatred for subtitles.

      --
      upon the advice of my lawyer, i have no sig at this time
    10. Re:Fuck 'em by Anonymous Coward · · Score: 2, Interesting

      bullshit...

      "Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: ...

      (2) to prepare derivative works based upon the copyrighted work;"

      They didn't grant them the right to create this derivative work.

      One of the many ways that "intellectual property" is a fucking lie.

    11. 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.

      --
      Life is not for the lazy.
    12. Re:Fuck 'em by Bonewalker · · Score: 2

      I watch movies for free all the time over at a friend's house. He rented or bought them, I paid nothing. If he loans me the physical media, is that illegal? I still paid nothing. Now just stretch it a bit further and say he ripped it for the purposes of back up, then loaned me that copy? There isn't a lot of difference in these scenarios, and it proves, that yes, you can legally watch movies for free sometimes.

    13. Re:Fuck 'em by gl4ss · · Score: 1

      yeah, on slashdot you can write any poppycock shit you want and still retain EXCELLENT karma.

      and about movies not being free.. well.. fuck me. how come the movies that are hardest hit by piracy happen to be making the most money..

      --
      world was created 5 seconds before this post as it is.
    14. Re:Fuck 'em by Em+Adespoton · · Score: 3, Interesting

      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.

      Interestingly, beyond that, I don't think this raid would even be legal in the US. The fans are creating commentary on the original work; they are not creating a derivative. They do not have access to the screenplays or the commercial subtitle scripts -- so everything they write is purely commentary on the movie, which just happens to be able to sync up with the actual video/audio. The fact that the studios eventually offer a similar product for sale is neither here nor there -- they have no copyright claim over the subtitles.

      The same argument could be used for music lyrics, but I think intent would be much more important here, as people are trying to re-create the songwriter's lyric sheet, which is not what's happening with movies and subs.

      If this still doesn't fly in court, the answer is easy: add in extra commentary that is obviously not derived from the original content in any way other thaat it is a fan's reaction to it.

      Of course, this all assumes you live in the US -- the laws the US shoved down on the rest of the world are likely more draconian and don't have the appropriate fair use exemptions. Anyone in Sweden care to educate us as to whether this is the case?

    15. Re:Fuck 'em by meta-monkey · · Score: 4, Informative

      Unless it gets upmodded as "Funny," which gives the comment a point, but no karma to the user. With the comment now scored 0 instead of -1, it may be downmodded -1 Troll, which will cause the user to lose 1 karma. So, if you really want to hammer somebody who's already been modded to -1, mod them Funny and wait for another mod to correct your "mistake."

      --
      We don't have a state-run media we have a media-run state.
    16. Re:Fuck 'em by Charliemopps · · Score: 1

      They do:
      http://www.dnainfo.com/new-york/20100818/midtown/port-authority-raids-midtown-perfume-wholesaler-hawking-counterfeit-goods

      That's just the first one that came up in Google. They do this all the time.
      although, I'd argue this kind of raid is a heck of a lot more legitimate as they are actually ripping people off by selling them fake stuff.

    17. Re:Fuck 'em by Anonymous Coward · · Score: 1

      There's a pretty decent fair use argument for fansubs, though, especially in the absence of a legal translation. This is doubly so for countries where they might only receive altered versions of a work.

    18. Re:Fuck 'em by ShanghaiBill · · Score: 4, Informative

      If you wanted to watch a movie you bought that was not in a language you can understand, wouldn't you want subtitles?

      At the risk of going slightly off-topic, I would like to point out that this is not the only reason to desire subtitles. I have some hearing loss. It is not severe, but I do occasionally have to ask people to repeat what they said, and I cannot relax and enjoy any movie without subtitles. I strain to listen, and still miss things and have to rewind.

      Subtitles are also a great way to learn a foreign language, and even build up your native language vocabulary. I live in a trilingual family (English/Mandarin/Spanish) and subtitles have been a great tool for me and my family. I can read Chinese/Spanish much better than I can understand them when spoken. So to improve my listening skills, I watch English movies with English subtitles, Chinese movies with Chinese subtitles, and Spanish moves with Spanish subtitles.

      If a movie does not have good, accurate subtitles, then I don't watch it.

    19. Re:Fuck 'em by Achra · · Score: 2

      I watch movies for free all the time over at a friend's house. He rented or bought them, I paid nothing. If he loans me the physical media, is that illegal? I still paid nothing. Now just stretch it a bit further and say he ripped it for the purposes of back up, then loaned me that copy? There isn't a lot of difference in these scenarios, and it proves, that yes, you can legally watch movies for free sometimes.

      Well, no, there actually is a difference in those scenarios. In the first scenario, you are not breaking the law or committing a crime. In the second scenario, a DVD is being decrypted. This is a violation of the DMCA and a crime under US statutory law. You should always strive to be aware of the laws that you break. https://www.eff.org/es/wp/unintended-consequences-under-dmca

      --
      Each processor would proceed sequentially as if it had been better for them not to rise against Saul.
    20. 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.

    21. Re:Fuck 'em by DRJlaw · · Score: 2

      Well, those darned Swedes were in a clear violation of U.S. Code Title 17, 102 and 106.

      Or, perhaps, Article 8 of the Berne Convention, to which Sweden is a signatory, and Article 2 of the Swedish Copyright Legislation, which implements the treaty obligation and states that "...copyright shall include the excludive right to exploit the work by making copies of it and by making it available to the public, be it in the original or an altered manner, in translation or adaptation, in another literary or artistic form, or in another technical manner."

      Setting your snark aside, extraterritorial use of U.S. law was required, and I would expect Swedes to be a ble to locate and read their own copyright law.

    22. 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.

      --
      have you seen my sig? there are many others like it but none that are the same
    23. 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.

      --
      You are welcome on my lawn.
    24. Re:Fuck 'em by CanHasDIY · · Score: 1

      The consequences can range from all sorts of things, but I find the most appropriate consequences isn't to steal your shit, but instead to illegally copy it (Which isn't stealing at all, but seems to aggravate the fuck out of you--which is exactly what I want to do..

      Hate to break this to ya, but you're playing right into their hands - think about how the MPAA/RIAA spin piracy.

      "Well, obviously this piece of IP is at least worth what we charge, otherwise all these people wouldn't be stealing it!

      I would say your best bet is to just boycott their products, but fuck if they don't have a way to spin that to their advantage as well (every lost sale, regardless of reason, == OMFGPIRATES!)

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    25. 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]

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    26. Re:Fuck 'em by spire3661 · · Score: 1

      You are correct, but in an age where copying is trivial, we HAVE to find new ways to fund these things. Further, the arts currently are encumbered by vast costs that dont take the current reality to heart. The ability to make one piece of art and expect to be able to sell it to 7 billion people needs to end now.

      --
      Good-bye
    27. Re:Fuck 'em by F.Ultra · · Score: 4, Informative

      Fair use is not common outside the US, in fact here in Sweden we have no fair use clause at all.

    28. Re:Fuck 'em by KhabaLox · · Score: 2

      contract with the fansubbers, and pay them for their work.

      The post production company I work for contracts with a vendor whose business model is to originate closed captions by crowd sourcing. Basically you get paid per minute of video you transcribe via their web portal.

      In fact, all of our subtitle translation work is done via contracting, so there is opportunity for fansubbers to get paid for their work.

      --
      Ceci n'est pas un sig.
    29. Re:Fuck 'em by spire3661 · · Score: 1

      You can copy DVDs bit for bit, thus not breaking encryption. You argument falls apart there,

      --
      Good-bye
    30. Re:Fuck 'em by dywolf · · Score: 1

      Beacuse some sub sites not only give subs, but also the movie with the subs already added in. Convenient, yes. But also technically redistributing a copyrighted work. I know, its more convenient and often a better translation (if you pick and choose). And if the copyright holder was smart, he'd even contract it out to these guys in the first place. But no one ever said people had to be smart in teh exercising of their rights, including copyrights. (much like if they were smart, they'd stop fighting Netflix and digital distribution so much)

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    31. Re:Fuck 'em by KhabaLox · · Score: 1

      everything they write is purely commentary on the movie, which just happens to be able to sync up with the actual video/audio. The fact that the studios eventually offer a similar product for sale is neither here nor there -- they have no copyright claim over the subtitles.

      How does transcribing dialogue from a movie, translating it, and publishing the result differ from translating a book and publishing the result?

      --
      Ceci n'est pas un sig.
    32. Re:Fuck 'em by KhabaLox · · Score: 1

      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.

      Are you saying that content owners are charging more per unit in the non-English territories? I'm not aware of that being the case (though I'm on the B2B end of the business, so I'm not intimately familiar with consumer prices), other than cases where there is a supply and demand difference.

      From the cost side, it does cost extra money to prepare content of international release (e.g. standards conversion, censorship editing, subtitling), but in the grand scheme of things, these costs are probably not material (i.e. less than $50k per title). When you start talking about dubbing, things get a lot more expensive.

      The costs can be prohibitive for smaller markets. If you have a language with only a few million speakers, your content has to have a much wider appeal before it makes sense to distribute to that territory. You'll see Avengers translated to Swedish, but you're not likely to see a small budget film like Fun Size, especially if it failed at the US box office.

      --
      Ceci n'est pas un sig.
    33. Re:Fuck 'em by Minwee · · Score: 5, Funny

      That's okay. Fair Use isn't very common inside of the US either.

    34. Re:Fuck 'em by Zordak · · Score: 1

      I watch movies for free all the time over at a friend's house. He rented or bought them, I paid nothing. If he loans me the physical media, is that illegal? I still paid nothing. Now just stretch it a bit further and say he ripped it for the purposes of back up, then loaned me that copy? There isn't a lot of difference in these scenarios, and it proves, that yes, you can legally watch movies for free sometimes.

      I'm not a fan of the Copyright Gestapo, but surely you can see that there is a huge difference. If your friend lends you his physical copy, there is still only one copy of the movie floating around, which means that if you and your friend both want to watch it separately, one of you is going to have to pay for another copy. Yes, I know, Slashdotters love to quote theories that this is free advertising and actually promotes sales in the end, or theories that the information should not be restricted. Maybe that's true on a macroeconomic scale, maybe it's not. But surely you can at least see why the law distinguishes between the two acts. In one case, your friend has to forfeit his benefit to confer it upon you (at least for as long as you are in possession of the benefit). In the other case, your friend has conferred the benefit on you without depriving himself of the benefit. As a one-for-one transaction, that is a marginal loss to the owner of the copyright, because your friend has conferred a benefit that the law gave the copyright owner a limited monopoly on.

      --

      Today's Sesame Street was brought to you by the number e.
    35. Re:Fuck 'em by KhabaLox · · Score: 1

      maybe they got tipped off that netflix in nordic countries got caught from using fansubs

      Source? I would be very interested to learn more about this.

      --
      Ceci n'est pas un sig.
    36. Re:Fuck 'em by dywolf · · Score: 1

      as long as its theirs to do with as they please, there is no wrong committed, even if they sink it to the bottom of the ocean and never even show it to the public, let alone refuse to make localized copies.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    37. Re:Fuck 'em by dywolf · · Score: 1

      we dont pay 50$ for concerts because of pirating.
      we pay 50$ for concerts because its how the artists really make their money, because the RIAA's members dont pay jack to the artists they sign.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    38. Re:Fuck 'em by Achra · · Score: 1

      You can copy DVDs bit for bit, thus not breaking encryption. You argument falls apart there,

      srsly? We can copy DVD's without breaking the encryption? How exactly does that work, then? Also, no fair cheating and saying "Well, it _could_ be done, you just wouldn't be able to watch it." because that's useless.

      --
      Each processor would proceed sequentially as if it had been better for them not to rise against Saul.
    39. Re:Fuck 'em by ArcadeMan · · Score: 1

      Everything he said assumed people were getting copies of the movies themselves without paying for them.

      Subtitles are not the movie, they're text versions of translated text of the voice track of a movie.

    40. Re:Fuck 'em by gnupun · · Score: 1

      Isn't that what business is supposed to be all about - the customer?

      As if customers buy stuff to so the vendors don't starve. Customer need is only part of the equation.

    41. Re:Fuck 'em by CanHasDIY · · Score: 1

      as long as its theirs to do with as they please, there is no wrong committed, even if they sink it to the bottom of the ocean and never even show it to the public, let alone refuse to make localized copies.

      Aye, we could only be so lucky...

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    42. Re:Fuck 'em by kaatochacha · · Score: 1

      How does someone freely adding translation take away from that?
      If anything, it opens up a broader market for LEGAL SALES than might have existed before.

    43. Re:Fuck 'em by CanHasDIY · · Score: 1

      You are correct, but in an age where copying is trivial, we HAVE to find new ways to fund these things.

      Do we really, though? Humanity got by just fine without movies for a couple hundred thousand years without them. Saying that we have to fund them seems a bit... hyperbolic.

      Full Disclosure, I watch maybe, maybe 2 new movies every 5 years or so; thus the bias.

      Further, the arts currently are encumbered by vast costs that dont take the current reality to heart.

      Depends on how you define "the arts." Canvas and oil paints are pretty cheap, especially compared to 3d filmography rigs, CGI server farms, etc.

      The ability to make one piece of art and expect to be able to sell it to 7 billion people needs to end now.

      That's far less concerning than the trend of charging those 7 billion people a fee for every single time they look at said "art."

      Whatever happened to owning shit? Yea, yea, I know, a DVD != the art itself, but I think all but the most obtuse people know what I mean.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    44. Re:Fuck 'em by Anonymous Coward · · Score: 3, Informative

      In the Nordic region it's even worse.
      While technically a part of the EU (except Norway), the Nordic countries don't use your bog standard R2/B region DVDs/Blu-Rays, but a special Nordic variant of it.
      Quite often sans the extras of say a UK R2/B release, and often using inferior film elements which some leeching middle-men rightsholder in say Sweden has the "rights" to. Pricing is - of course - the same though, if not higher than the comparable UK release. Yes, I'm looking at you Atlantic Film AB!

      That free leeching, piracy and fan subtitling is a big thing in the Nordics (akin to a "all people's sport") comes down to two things;
      good infrastructure
      wildly dysfunctional media market

    45. Re:Fuck 'em by Anonymous Coward · · Score: 1

      no nein non nej neen la
      Those works aren't for release in those markets yet!

      They will only be available when we can maximize profitability.

      There can be no side-stepping of our copyrights.

      Our copyrights exist in all languages and every corner of the globe.

      If you violate them, we will violate you!

      © 2013 Motion Picture Association of America

    46. Re:Fuck 'em by DragonTHC · · Score: 1

      I believe there are other special laws which apply, such as the FCC rules regarding captioning.

      This service was providing translation services for the closed captions.

      Subtitles in Lieu of Captioning
      The rules provide that open captioning or subtitles in the language of the target audience may be used in lieu of closed captioning.

      --
      They're using their grammar skills there.
    47. Re:Fuck 'em by DrGamez · · Score: 1

      Completely correct but this comment doesn't seem to survive in context of the article or the comment it's attached to.

    48. Re:Fuck 'em by CCarrot · · Score: 1

      everything they write is purely commentary on the movie, which just happens to be able to sync up with the actual video/audio. The fact that the studios eventually offer a similar product for sale is neither here nor there -- they have no copyright claim over the subtitles.

      How does transcribing dialogue from a movie, translating it, and publishing the result differ from translating a book and publishing the result?

      The value of the book is solely encompassed in the written contents of the book: that is how it is intended to be delivered to the audience, there is no additional information provided through other means, so a translation is in effect a copy of the entire value of the book. The value of the movie/cartoon/television show is primarily in the visual content combined with audio / sound effects. How understandable is a movie if you turn off the screen? How about if you just sit down and read the subtitles, do you get any value from the transaction? Well, other than laughing at the hokey dialog, that is...

      This should clearly be considered a supplemental work, not derivative. People can't use the subtitles as a stand alone work: they also need the original video to enjoy any benefits. If anything, sites like this would tend to promote sales of the original language work, as people would not have to wait 6 months to a year (and sometimes forever) to be able to enjoy the media in their mother tongue. To illustrate the difference between supplemental and derivative, consider this: if someone manufactured a magic decoder ring that, when applied to certain pages of Harry Potter novels, would reveal secret messages (or jokes, or poems, or phrases of the day, whatever...), would that violate copyright? The person would still need the original book to apply the decoder ring to, they simply gain extra enjoyment from the media by applying the decoder ring. Heck, if they had such available, more people would be tempted to buy both the book and the ring, out of sheer curiosity. How is that harmful to the artist in any way?

      Now, the fact that the *IAA refuses to sell their content in a format that allows people to overlay their own content is simply them cutting off their nose to spite their face. People will find a way. Fans will find a way.

      --
      "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
    49. Re:Fuck 'em by grumpy_old_grandpa · · Score: 1

      That's exactly why I pirate stuff: Because it is not free. For every copy I download of the latest Bieber fad *, he will lose hard cash. In fact, even using the lowest court case estimates of per-track value, he should be pretty much broke by now. That's how many times I've downloaded it. That's exactly how it works, right? Right?

      Sorry, but bits and bytes are for free. That somebody wants to get paid for Imaginary Property should not be my problem.

      *) Note, I reckon I don't actually have to listen to his stuff for the loss of money to occur. Because if I have to, I'd rather download Britney Spears

    50. Re:Fuck 'em by KhabaLox · · Score: 1

      Just because somebody does something for free doesn't mean it has no (or little) cost.

      --
      Ceci n'est pas un sig.
    51. Re:Fuck 'em by Anonymous Coward · · Score: 1

      has a fundamental right to profit off his created work

      Bzzt, wrong. No one has the right to profit. Which is good, unless you'd like progress to grind to a halt, because every innovation makes another's work obsolete.

    52. Re:Fuck 'em by richlv · · Score: 1

      a lot, unless you say those movies are not only silent, but also have no video

      --
      Rich
    53. 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.

      --
      No, no, you're not thinking; you're just being logical. --Niels Bohr
    54. Re:Fuck 'em by CanHasDIY · · Score: 1

      I guess qualified people are figuring out that it's better doing something that's more ethical, like running three card monte games.

      ... or pimping/hooking, selling black market organ, dealing heroin to children...

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    55. Re:Fuck 'em by KhabaLox · · Score: 1

      People can't use the subtitles as a stand alone work:

      When I was in school, I read scripts of plays. Seems analogous to a script of a movie. I agree that there is definitely more value to having a visual performance as well as the script, but the script is not valueless, and I don't see why the creator/owner of that script should not have a copyright claim to it.

      --
      Ceci n'est pas un sig.
    56. Re:Fuck 'em by KhabaLox · · Score: 1

      a lot,

      That's not a very substantive answer.

      --
      Ceci n'est pas un sig.
    57. Re:Fuck 'em by KhabaLox · · Score: 1

      Hehe... thanks. They outsource their sub origination and conforming, so it's likely that one of their vendors did this to cut costs. Competition has been fierce in this sector over the last few years with the onset of services like Netflix in non-English territories.

      --
      Ceci n'est pas un sig.
    58. Re:Fuck 'em by ldobehardcore · · Score: 1

      Are you serious? Or trolling? You can copy the DVD image super easy, bit-for-bit, without breaking any encryption using a program like ImgBurn, and right now it's legal in the US to do so for personal use. You can then play it back on your computer legally using an ISO mounter like DaemonTools, and a legal DVD player program like PowerDVD. This is a legal chain of use. It's legal to backup a DVD by making a bit-for-bit copy of the disk. It's legal to mount the ISO of that image. And it's legal to playback that ISO with a piece of decryption software that is correctly licensed for it.

      --
      Hectice, baby, Mercator says hello to you
    59. Re:Fuck 'em by ldobehardcore · · Score: 1

      that is a marginal loss to the owner of the copyright

      You can't assume that's true. The friend the disk was loaned to may never have bought the movie. It's not a loss if the purchase wasn't ever going to happen. And like you mentioned, it might equally be considered a marginal gain, because the borrower could recommend the movie to others, and cause purchases that otherwise may not have happened.

      --
      Hectice, baby, Mercator says hello to you
    60. Re:Fuck 'em by CCarrot · · Score: 1

      You are correct, but in an age where copying is trivial, we HAVE to find new ways to fund these things. Further, the arts currently are encumbered by vast costs that dont take the current reality to heart. The ability to make one piece of art and expect to be able to sell it to 7 billion people needs to end now.

      No, what they want is to sell the same piece of art to the same 1 billion people 7 times each...at the same price point as they used to charge when people would only watch media in one place, so only needed one copy.

      "Oh, you want to watch that in your bathroom? That'll be another $15, please. Sorry, watching it outside around a pool doesn't count, even though it's adjacent to water: $15 again please! Thanks so much! "

      Okay, maybe not quite so bad as that, but it sure seems like it some days...they device lock the digital copies (when they are even available), then the device manufacturers incorporate planned obsolescence into their device designs...real nice racket they got going there. I am so looking forward to when, in maybe 5 years or so, people realize that they have exceeded their 5 or 10 devices/downloads limit (or whatever) and if they get a new phone or tablet or television or computer, they'll have to re-purchase their entire video collection...I'll bring the popcorn.

      --
      "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
    61. Re:Fuck 'em by KhabaLox · · Score: 1

      Well, it would be illegal for you to write a novel based closely on a film, yes.

      --
      Ceci n'est pas un sig.
    62. Re:Fuck 'em by Em+Adespoton · · Score: 1

      It's like publishing a video of you silently acting out the plot of a book. Supplemental, yes. Derivative, no. In the US, this stuff has already been long hashed out -- seems like that's not the case in Sweden.

    63. Re:Fuck 'em by IANAAC · · Score: 2

      Subtitles are not the movie, they're text versions of translated text of the voice track of a movie.

      In many cases, they're not even "text versions" of the voice track - they're paraphrases of what's being spoken, using completely different words. I've seen some professionally done subtitling (as well as fan-created) that even changes the meaning of what's being said.

    64. Re:Fuck 'em by Registered+Coward+v2 · · Score: 1

      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]

      CAActually, for many artists, concerts are where they make their cash - recordings are not the main source of income, at least for artists. We pay4150 because there are enough people willing to pay that to fill up a venue so there is no reason to charge less.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    65. Re:Fuck 'em by Zordak · · Score: 1

      You can't assume that's true. The friend the disk was loaned to may never have bought the movie. It's not a loss if the purchase wasn't ever going to happen. And like you mentioned, it might equally be considered a marginal gain, because the borrower could recommend the movie to others, and cause purchases that otherwise may not have happened.

      My point is that popular Slashdot theories notwithstanding, your friend has, in fact, conferred a benefit that he was not legally entitled to confer. That's why it's different from watching it together or lending you the physical disk. Everything else is just armchair lawyering.

      --

      Today's Sesame Street was brought to you by the number e.
    66. Re:Fuck 'em by Anonymous Coward · · Score: 1

      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.

      to your point! this is copyright infringement, I believe this is another thing the sopa bill (and the copycat efforts from DC) would have stopped. for as much as I would hate to see it pass, I would love to see it pass to show how it would ultimately halt the economy, then the fall out would force courts to overturn and down the law. In the US corruption alone between lobbyist and politicians is the reason you hear yuppies stroking themselves off over living in a "free country"

    67. Re:Fuck 'em by forkazoo · · Score: 1

      Nah, all the piracy just means *AA can't afford to hire good trolls anymore.

    68. Re:Fuck 'em by green1 · · Score: 2

      Since when has the industry had any interest in broadening their sales? if anything, the reverse. see region coding, or try using netflix outside of the USA (hint, you won't find the same selection)
      The industry won't wake up and embrace the global economy, they will go down kicking and screaming, and they intend to take the rest of the world with them.

    69. Re:Fuck 'em by cheekyjohnson · · Score: 1

      has a fundamental right to profit off his created work

      I don't believe anyone has a fundamental right to profit. After all, if they did, we'd all be forced to buy people's products.

      If you were referring to the draconian nonsense known as copyright, I don't see that as a 'right,' but a temporary privilege.

      --
      Filthy, filthy copyrapists!
    70. Re:Fuck 'em by Achra · · Score: 1
      Hm, I'll admit to being a bit behind the times here. However, based on my research (and your comments), it seems that your method requires creating a disk image. That disk image can then be mounted via some virtual optical drive software (such as DaemonTools) and then viewed with any normal PC DVD viewing software. My thoughts:

      .

      1) The DMCA doesn't use the words "Decrypting", it uses the words "Circumventing". Could it be argued that using some specialized software to do a bitwise copy of the disc to local drive and then another piece of specialized software to mount the image is circumventing the copy protection of the disc? I think that yes, quite possibly. The copy protection is meant to keep anyone from making a copy of any sort, therefore circumventing it is circumventing it. Perhaps slightly more of a grey area, but only in an interesting legal argument sort of way. You'd still have the same lawsuit on your hards (Well, if it was a DMCA suit, then it would be the FBI seizing computers, subject to arrest, the whole nine yards)... Most people are ill-equipped to deal with a large scale civil suit, let alone a criminal one, even though a criminal suit is actually far easier to have dismissed. Please don't take this as approval of this law - but I believe only with visibility into the seriousness of the legal problem can people really understand and hopefully change it.

      2) It sort of misses the point of the "loaned that backup to a friend" that the OP was talking about. I mean, you can't read the ensuing data chunk in a dvd player, for certain... and "Here, buddy, hand me your portable HD and I'll copy this .iso onto your disk and you'll be able to mount it and view it at home" seems unlikely.

      Anyways, thanks for letting me know. Now I'm interested to see how legit the technique really is. I'm still very very skeptical. Have you done it yourself?

      --
      Each processor would proceed sequentially as if it had been better for them not to rise against Saul.
    71. Re:Fuck 'em by dbIII · · Score: 1

      I've seen some professionally done subtitling (as well as fan-created) that even changes the meaning of what's being said.

      Some even changes the plot, but the worst I've seen is with dubbing. The American dub of "Run Lola Run" that removes the plot point of the main character finding out that the man she thought was her father is not, presumably done for "moral" reasons, is an especially annoying example since another part of the plot makes no sense without it.

    72. Re: Fuck 'em by ldobehardcore · · Score: 1

      I assume it's illegal to make a copy and give away the original while retaining the copy. But what is true is that it is legal to make copies for personal use. Every 5 years the librarian of congress reviews requests for exceptions to the DMCA and this last time decided to allow copies for personal use and backup of DVDs as an exception.

      --
      Hectice, baby, Mercator says hello to you
    73. Re:Fuck 'em by crioca · · Score: 1
      Even though you're totally off topic:

      Movies and music are NOT free. Get that through your head.

      Except there's plenty of music and movies out there that are distributed for free, in fact since we started being able to reproduce content for free there's been an explosion in the number of artists out there making music and film.

      You might find it convenient to freely stream a flick some conglomerate of investors sank $100 million to produce. No matter how you rationalize what you're doing you're taking for free what someone spent money to produce and is trying to sell.

      I don't *need* to rationalize it. It's my hardware and thus my data. If there's anything rationalize, you need to rationalize to ME why you should be able to tell me what I can and can't do with my own hardware.

      The fundamentals will not change.

      No they wont. Free copying is here to stay. There's more ways to monetize content than just charging per copy. Artists are still going to be willing to create art for reasons beyond money.

      Not thinking a movie is worth of your $10 is not an excuse. Thinking the lead actor is an untalented douche is not an excuse. Hating the producer is not an excuse. Your convenience is not an excuse.

      I don't need an excuse: My hardware, my data. You need an excuse to tell me why I can't do what I want with my physical property.

      You are not entitled to free shit and you are not a delicate unique little snowflake.

      I'm entitled to copy what I want, when I want. You know why? That's right; because it's my hardware baby. And I'm far from unique, there's millions of people know that the current copyright situation is untenable and unsustainable.

    74. Re:Fuck 'em by suso · · Score: 1

      Right on man. I know its hard to argue with these children who have grown up in a world of piracy, but you gotta try for the sake of humanity not turning into a bunch of thieves.

    75. Re:Fuck 'em by suso · · Score: 1

      They do when the street vendors in those countries can easily use them to sell pirated discs.

    76. Re:Fuck 'em by crioca · · Score: 1

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

      True. False. False.

      A producer, or creator or author or whatever you want to call him

      Artist.

      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.

      No one's telling them they can't profit off their work, I totally support that right. That doesn't mean they have a fundamental right to tell me what I can or can't do with my physical property. And lets not play make-believe; in the current environment the artists aren't the ones that are making the profits. When I go see a band live and buy some shitty stickers out of the back of the drummer's car for $9, I'm contributing more to his profits than a hundred people who bought the album of iTunes.

      Free copying only encourages the proliferation of art. Restricting copying only serves to impoverish the majority of artists by placing obstacles between their art and their consumers. Every time you give your money over to the copyright cartel, you're reinforcing a system that manipulates the law to exploit artists and consumers.

    77. Re:Fuck 'em by suso · · Score: 1

      how come the movies that are hardest hit by piracy happen to be making the most money..

      Probably because they have the most to lose by them being pirated. So they care about those the most. Duh!

    78. Re:Fuck 'em by spire3661 · · Score: 1

      Just to address point 2: Hey buddy, here is a flash drive that i paid almost nothing for. It contains a bit for bit backup copy of my Avatar DVD, which i lost in the house fire( but still have the receipt for). Go home and insert it into your HTPC and watch it.

      --
      Good-bye
    79. Re:Fuck 'em by richlv · · Score: 1

      you cut off the rest of the sentence, then commented on two words ? well, ac did put it in more detail for you...

      --
      Rich
    80. Re:Fuck 'em by pantaril · · Score: 1

      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.

      Sure he does, like anyone else. Problem with copyright is that it tries to give the creators right to also profit of every copy or derivative work others make. This is not right. Imagine if bread bakers had a right to prevent others from making copies of their bread. It's bullshit! Artifical limits to copying and spreading of information/culture are bad and should be abolished. New methods of supporting creators which don't limit distribution must be introduced.

    81. Re:Fuck 'em by N1AK · · Score: 1

      I don't agree with raiding a company for providing subtitles; that said do you really think anything more than a tiny fraction of users are putting the subtitles against legally owned material?

    82. Re:Fuck 'em by Ash+Vince · · Score: 1

      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.

      There is an issue though that the original version distribution rights are probably US or English Language only and a different company owns the rights to the subtitled version sold abroad. These might just be front companies for the same global corporation with a controlling share in both but they probably also have local shareholders that did lose out somewhere.

      Of course it is pretty obvious though that the real reason they did this is that they viewed this site as being a tool for creating pirate copies of english language films with local subtitles before they are released. It doesn't matter if it actually is or not, just that some executive somewhere thinks it might be.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    83. Re:Fuck 'em by Ash+Vince · · Score: 1

      Are you saying that content owners are charging more per unit in the non-English territories? I'm not aware of that being the case (though I'm on the B2B end of the business, so I'm not intimately familiar with consumer prices), other than cases where there is a supply and demand difference.

      I live in the UK and we are generally charged more for things than you guys in the US. I know we have 20% sales tax on everything but the last time I checked DVD's were generally 50% cheaper in the US, that is not all sales tax.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    84. Re:Fuck 'em by TheP4st · · Score: 1

      Likewise MS doesn't own all Windows applications only because they happen to run in Windows.

      Sssshhh... don't give MSFT (and AAPL) ideas.

      --
      "I have downloaded hundreds and hundreds of records, why would I care if somebody downloads ours?" Robin Pecknold
    85. Re:Fuck 'em by devent · · Score: 1

      No he or she does NOT have a "fundamental right" to profit off his or her created work.
      Where is this "fundamental right" to make profit bullshit comes from? In no other industry or service anybody is claiming some magical "fundamental right" to make profit. So where is this bullshit comes from for authors?

      Copyright law is a state granted monopoly right to copy and distribute works of art. There is no limit on how little copyright protection the government can give. The copyright term can be 0 years. There just is no "fundamental right".

      --
      http://www.mueller-public.de - My site http://www.anr-institute.com/ - Advanced Natural Research Institute
    86. Re:Fuck 'em by dywolf · · Score: 1

      i forgot for a second there that this is slashdot, and logic and reason do not apply when talking about copyrights, and supporting anything other than free software and content for everyone is automatically equated with supporting the MPAA (which i dont) and trolling.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    87. Re:Fuck 'em by PopeRatzo · · Score: 1

      Either that or the good trolls have been promoted to senior management.

      --
      You are welcome on my lawn.
    88. Re:Fuck 'em by tibman · · Score: 1

      I think that's about the same as saying that someone making fan-art derived the picture from the film. AFAIK they can make and sell fan art as long as they aren't using any of the franchise trademarks.

      --
      http://soylentnews.org/~tibman
    89. Re:Fuck 'em by Arker · · Score: 1

      It's not at all clear that the net effect on their profit margin is negative, there are negative aspects and positive aspects. The interesting thing is that instead of trying to figure out whether it was actually a net benefit to them or not, they simply hire men with guns to shut it down. This indicates the motivation has nothing to do with profit per se. It's about control, pure and simple.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    90. Re:Fuck 'em by NotSanguine · · Score: 1

      I don't agree with raiding a company for providing subtitles; that said do you really think anything more than a tiny fraction of users are putting the subtitles against legally owned material?

      I have no idea. I'm a stereotypical American. I don't think. I just consume way out of proportion to the rest of the world and complain when my super-size fries are missing a few greasy morsels. What is more, I'm barely literate so subtitles aren't really useful to me. I prefer the "news" crawl on the "truth" TV network, Fox News. I can't read it, but it comforts me to know that there's so much truth there that they have to augment my favorite talking heads with it..

      I was asking a leading, hypothetical question. Whether it reflects reality is irrelevant. If you don't get the obvious point, you're probably a stereotypical American like me. As I understand it, most movies are released first in English (and possibly French and Spanish as well) first, with long delays before crappy subtitles and overdubs become available in other languages. This is done simply to create more profit for the distributors by releasing multiple versions and manipulating prices.

      --
      No, no, you're not thinking; you're just being logical. --Niels Bohr
    91. Re:Fuck 'em by tlhIngan · · Score: 1

      Since when has the industry had any interest in broadening their sales? if anything, the reverse. see region coding, or try using netflix outside of the USA (hint, you won't find the same selection)
      The industry won't wake up and embrace the global economy, they will go down kicking and screaming, and they intend to take the rest of the world with them.

      Exactly. That's why we have Blu-Ray instead of HD-DVD - the movie companies were seriously PO'd about HD-DVDs being imported in countries (HD-DVD got rid of all region codes) where the movies haven't even had theatrical releases that they started delaying HD-DVD releases (so the DVD would come out, or the DVD+Blu-Ray). In the end, they were much happier with the more restrictions that Blu-Ray had that the HD-DVD camp gave up.

      i forgot for a second there that this is slashdot, and logic and reason do not apply when talking about copyrights, and supporting anything other than free software and content for everyone is automatically equated with supporting the MPAA (which i dont) and trolling.

      The ironic thing is that while true, copyleft requires copyright, and the more reasoned copyleft advocates do not want an abolition of copyright at all. Because without copyright, licenses like the GPL become effectively BSD (if you choose not to accept the GPL, your rights to the software are the same as de-facto copyright, i.e., all rights reserved. So you can't distribute GPL'd software, for example).

      Of course, the same advocates against the RIAA/MPAA tactics will probably welcome using them on GPL violators...

    92. Re:Fuck 'em by Travelsonic · · Score: 1

      You're right, logic seems to go out the window, but given your generalized characterizations, methinks you ought to re-evaluate who you aim this comment at. heh.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    93. Re:Fuck 'em by c++0xFF · · Score: 1

      My hearing is fine, and I want subtitles, too.

      The art of diction is lost on many actors. It's amazing how much more dialog is understandable when you know what they're supposed to be saying.

      Add in loud special effects and noises in my home (kids, neighbor's A/C, etc), and it's nice to know what that word that you missed was.

    94. Re:Fuck 'em by c++0xFF · · Score: 1

      No, dude. You pay exactly as much as you're willing to pay, no more. If it's not worth $150 to go to a concert, don't go. The problem is that the Market is willing to pay $150. Don't blame the labels or the artists for charging what others are willing to pay.

      Your "gag" is actually spot-on.

    95. Re: Fuck 'em by Achra · · Score: 1

      Can you post a link? Also, does statute really give the library of congress the power to create exceptions to the DMCA?

      --
      Each processor would proceed sequentially as if it had been better for them not to rise against Saul.
    96. Re:Fuck 'em by IndustrialComplex · · Score: 1

      How does transcribing dialogue from a movie, translating it, and publishing the result differ from translating a book and publishing the result?

      Not that I agree with the rationale of the person you responded to, but I think that there is some original interpretation that must occur during the transcribe/translate phase.

      With a book, typically what is produced is a gramatical and syntatical translation.

      I would argue that in the process of translating audio dialog into text and into another language, there is a nontrivial amount of effort that is put into the semantic translation. The text of a book must describe exactly what the author wishes to convey. However there is a lot of unspoken information communicated in an audo/visual medium and that information must be captured and translated itself. Thus in addition to the grammar and syntax, the semantics must be processed in a manner which isn't as simple as a dictionary word or rule switch.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    97. Re: Fuck 'em by ldobehardcore · · Score: 1
      --
      Hectice, baby, Mercator says hello to you
    98. Re: Fuck 'em by Achra · · Score: 1

      Could you please post a page/paragraph reference and quote? As much as I would love to find what you are describing, I don't see anything in any of the rulings (including the current one, on PDF) that give end users the right to backup DVD's for personal use.

      --
      Each processor would proceed sequentially as if it had been better for them not to rise against Saul.
    99. Re:Fuck 'em by CCarrot · · Score: 1

      People can't use the subtitles as a stand alone work:

      When I was in school, I read scripts of plays. Seems analogous to a script of a movie. I agree that there is definitely more value to having a visual performance as well as the script, but the script is not valueless, and I don't see why the creator/owner of that script should not have a copyright claim to it.

      Ah, but the script has much more than just the dialog, it also has movement descriptions, scene descriptions, etc. In that respect, a screenplay is more like a book, whereas a simple list of dialog (with no indication of who is saying what, since subtitles don't include character name headers) does not convey nearly the same amount or quality of information. Could you understand what was happening in, say, Terminator from a simple list of dialog between characters? Maybe it was John Conner that is saying "I'll be back", you don't know...and you have no idea where the scene changes are, so you have no locational information at all. The entire movie could be happening in a library, for all you know, unless you have the visual indicators.

      --
      "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
    100. Re:Fuck 'em by DigiShaman · · Score: 1

      Profit is the goal. The control aspect is just their idea of securing that profit. At the end of the day, it's about doing a job and making money. As a group, I can't imagine entire office departments wringing their hands like some super villain plotting to take over the world. Most likely these are law firms on salary justifying their jobs by "doing something" to secure that profit. Evil is evil. It's just that this form of evil is based on logic, not emotion.

      --
      Life is not for the lazy.
    101. Re:Fuck 'em by volmtech · · Score: 1

      If you watch an American NFL game on television you are told that the broadcast is for the viewing enjoyment of the audience only and any other use is forbidden. I think watching it to create a dialog of it for others to read would constitute an other use. I think the copyright for movies is similar. If enough people jump up and down and spin around on their eyebrows the law might get changed. I've seen that work for some people who think their right to something has been violated.

    102. Re: Fuck 'em by jxander · · Score: 1

      Lets ban hookas and syringes as well. Screw people who use them to smoke tobacco, or diabetics in general. We know what those things are REALLY used for.

      --
      This signature is false.
    103. Re:Fuck 'em by KhabaLox · · Score: 1

      The latter part of ACs comment didn't warrant a response. I took it to be rhetorical and obviously sarcastic.

      --
      Ceci n'est pas un sig.
    104. Re:Fuck 'em by KhabaLox · · Score: 1

      Those are good points, but I would say that there can be just as much interpretation and "semantic" translation for a book, especially one heavy with dialogue. Outside of dialogue, metaphors and other "imagery" language is not easy to translate, and does not entail a simple word shift.

      --
      Ceci n'est pas un sig.
    105. Re:Fuck 'em by gravis777 · · Score: 1

      Subtitles are not derivative works, though. The screenplay is protected by copyright. The dialougue is protected by copyright. Therefore, subtitles, which are copies of those texts, are copyrighted.

      Shoot, I have fansubbed a few German movies myself. I took the German subtitles, translated them, and stuck them back into the movie. Not sure how US Copyright law handles translations, but I am pretty sure that I could not take a Twilight book, translate it into Gaelic or something (not that I would), and claim that I then hold the copyright on it because "its a derivative work".

  2. Misleading article by Anonymous Coward · · Score: 1

    The copyright industry may have decided to ask the police to do a raid on it. The police are the ones who decide to do the raid.

    1. Re:Misleading article by rubycodez · · Score: 4, Informative

      not quite, government minion of big corporation made police do it. your government is under control of big corporations.

    2. Re:Misleading article by Anonymous Coward · · Score: 1

      Correction: Government cooperates with those that donate to their elected officials' campaigns directly, or to the parties state and national committees. There is no direct control. Just very fluid cooperation.

    3. Re:Misleading article by rubycodez · · Score: 1

      and no direct bribery, insider information for stocks/markets or blackmail at all, no sir.......bwahahahaha

    4. Re:Misleading article by rubycodez · · Score: 1

      no it is mainstream news. read or watch real mainstream news sometime. 95% of congressmen are corporate bitches, for example. sorry for the sad news.

  3. 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.

  4. 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.

    1. Re:Yet more proof that copyrights are NOT good by dywolf · · Score: 2

      Because allowing creators and owners of things to profit frm them is EVIL and a BAD THING.
      PROFIT IS EVIL!

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    2. Re:Yet more proof that copyrights are NOT good by cheekyjohnson · · Score: 1

      'creators' could try to profit from such things with or without copyright; no one is suggesting that we try to hinder such efforts.

      --
      Filthy, filthy copyrapists!
    3. Re:Yet more proof that copyrights are NOT good by pantaril · · Score: 1

      Because allowing creators and owners of things to profit frm them is EVIL and a BAD THING.
      PROFIT IS EVIL!

      Profit is not evil. Trying to control how others are allowed to make copies or derivatives of your work is evil.

    4. Re:Yet more proof that copyrights are NOT good by IndustrialComplex · · Score: 1

      Because allowing creators and owners of things to profit frm them is EVIL and a BAD THING.

      If profit is used as the only consideration for granting copyright? Then yes, it is a bad thing because it is not neutral and provides no benefit.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
  5. Derivative work by Peter+Simpson · · Score: 4, Informative

    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).

    1. Re:Derivative work by ArcadeMan · · Score: 4, Interesting

      And it's not only about language barriers but also about the disabled. If I were them I'd look up to see if there's any laws about making works accessible to the deaf. There's laws about government websites in the USA, surely there's a loophole somewhere about deaf people and movies.

    2. 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.

      --
      world was created 5 seconds before this post as it is.
    3. Re:Derivative work by DontLickJesus · · Score: 2

      This, this right here reveals a valid point. Region locks, limited releases, and so forth are supposed to be about geographical areas, not the language. If "Rocky 30" gets released in the US only, there is nothing restricting a Chinese speaking American from watching the film. Claiming that one is "making content available" to an audience who hasn't been permitted yet is a load of horse shit. However, since by some countries' laws content might be restricted, I assume the derivative works could potentially inherit those restrictions. I think it's obvious that distinction isn't clear. Seems a better practice to work with the site in helping them understand where the content is supposed to be available. There is nothing stopping the content provider from getting paid for a film. However, I do completely understand how this mindset doesn't hold up for books, and rightfully so. With books, making the translation of the book availble would make the core value of the product worthless. The core value of a DVD is not in the text.

      --
      Where genius and insanity become confused true wisdom is found
    4. Re:Derivative work by Pofy · · Score: 1

      Sadly, you do require the copyright holder's permission to create one...

      No, not really, see, Swedish Copyright law 1 kap 4, you would even be the copyright holder of the translation. However, the exact same restrictions applies to your translation as to the original work. You are not allowed to make it publicly available (which the site did) but you can make it available for smaller groups and others can copy it and so on.

    5. Re:Derivative work by Rockoon · · Score: 1

      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.

      Yet its a victory for things like Open Source.

      For instance, suppose I was to translate a popular LGPL'd JAVA project (LibreOffice, for instance) into C# or VB.NET. The LGPL restrictions would still apply to my derivative work, so I couldn't release my translation under a BSD license nor could I just release compiled binaries. I have to continue to respect the original license.

      What we see here on slashdot, judging by the comments, is that its supposed to make a difference if the original license was mainly prohibitive (commercial movie) instead of mainly permissive ("open" source code.)

      I would argue that in both cases the license should not carry forward, which is a consistent stance to have, but thats not how the law currently works. I observe that most people are not consistent.

      --
      "His name was James Damore."
    6. Re:Derivative work by Anne+Thwacks · · Score: 2

      This is the equivalent of tranlating the COMMENTS and hosting them separately from the actual code, IANAL but if I were Swidish, I would be pissed. As it is, I only watch Nigerian moves, so I dont care.

      --
      Sent from my ASR33 using ASCII
    7. Re:Derivative work by F.Ultra · · Score: 1

      It was not uncommon for DVDs here in Europe to have forced subtitles a few years back, apparantly they sold the distribution rights per country and didn't want people from say UK to buy a copy from Sweden (since they would be annoyed by the forced subtitles). So sometimes they use Language to create geographical areas.

    8. Re:Derivative work by DontLickJesus · · Score: 1

      Ah, therein lies the issue. Language is not restricted to geographical area.

      I completely get the premis, and, as a developer, completely dismiss it. The two aren't mutually exclusive.

      --
      Where genius and insanity become confused true wisdom is found
    9. Re:Derivative work by KhabaLox · · Score: 1

      The FCC release new regulations regarding Closed Captioning last year. The rollout schedule is a bit confusing, but the basic gist is that any content that was broadcast over the air or cable/satellite with CCs must also have CCs when it is distributed over IP (e.g. Netflix, Amazon Instant, iTunes). I *think* that after 2015 or 2016, all content distributed over IP must have CCs.

      --
      Ceci n'est pas un sig.
    10. Re:Derivative work by wonkey_monkey · · Score: 1

      It was not uncommon for DVDs here in Europe to have forced subtitles a few years back, apparantly they sold the distribution rights per country and didn't want people from say UK to buy a copy from Sweden (since they would be annoyed by the forced subtitles).

      Part of that is also down to them re-using old masters with burned-in subs (which personally I often prefer as they are usually in a style of their time, and don't look like digital overlays).

      --
      systemd is Roko's Basilisk.
    11. Re:Derivative work by pantaril · · Score: 1

      IANAL but if I were Swidish, I would be pissed

      I'm pissed even as non-swedish. This kind of raid could happen to anyone in first-world country.

    12. Re:Derivative work by F.Ultra · · Score: 1

      Perhaps in other countries, here in Sweden the forced subtitles where never burned into the image but using the normal subtitles technique in the DVD spec, there is a flag however in the DVD spec that tells the player that a subtitle has to be displayed.

  6. Re:Translation is a copyright owner's exclusive ri by CanHasDIY · · Score: 1

    Under current law, a translation of an audiovisual work's original script into another language is a derivative work.

    Surely I can't be the only one who finds such a law to fall under the category of "royally fucked?"

    Other than being an aspect of the profit-protection racket, what possible, legitimate reason would there be for that kind of legislation?

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  7. Re:Translation is a copyright owner's exclusive ri by lgw · · Score: 5, Informative

    Sure, but the actual point of it all is that you already have the film (so you've paid). One more example of copyright law getting it completely wrong.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  8. Re:Translation is a copyright owner's exclusive ri by Anonymous Coward · · Score: 1

    Just because it's law, doesn't make it right.

  9. Re:Translation is a copyright owner's exclusive ri by Anonymous Coward · · Score: 5, Informative

    So that a company in another country can't, for example, take the novel you wrote, translate it and not pay you a cent.

  10. Re:Translation is a copyright owner's exclusive ri by sosume · · Score: 1

    To answer your question, what legitimate use can there be for custom subtitles for movies which have not yet been released to the public ..

  11. 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.

    1. Re:Because the broken one costs more by jedidiah · · Score: 1

      Companies that have tried to market playback devices that allowed for such tie ins with user created content have been litigated off the market. If not for abusive content companies, these subtitle files likely would be perfectly usable with DVD players from the likes of Sony.

      Of course with a general purpose machine (HTPC), you can pretty much do anything.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:Because the broken one costs more by spire3661 · · Score: 1

      This is why i love my chinese made playback devices. $40 and it plays EVERYTHING, incl subtitles.

      --
      Good-bye
    3. Re:Because the broken one costs more by F.Ultra · · Score: 1

      It's more likely that they want to protect their current practice of selling distribution rights to different companies in different countries, these companies then do not want me as the end user to buy from a different region and downloading the subtitling from sites like this. Having a subtitle and sometimes even having a forced subtitle on the DVD/BD is a way to create new regions inside the DVD/BD regional system.

  12. The message left on the website after the raid by Anonymous Coward · · Score: 5, Funny

    "We apologize for the fault in the subtitles. Those responsible have been sacked."

    1. Re:The message left on the website after the raid by Anonymous Coward · · Score: 1

      Ralph The Wonder Llama would be pretty upset about this.

    2. Re:The message left on the website after the raid by Anonymous Coward · · Score: 1

      Now, if only this happened: "We apologise again for the fault in the subtitles. Those responsible for sacking the people who have just been sacked, have been sacked."

  13. remember there is only one law by Anonymous Coward · · Score: 1

    and this (and lots of other things) makes sense

    "don't inconvenience those with more power than you" is the whole of the law

    all of civilization is just a thin wrapper around this one simple truth

    in this case the media/copyright holders have the power of money and influence, the are colluding with those who in government who have the power of the gun

    the people running the website are inconveniencing the media companies because the website is chipping away at the media companies' illusion of control

    the people in "law enforcement" are happy to comply because most individuals who are attracted to that profession are sadists who gain pleasure from exercising power over other people. They are also cowards because they are too scared to exercise power without the anonymity and "legitimacy" provided by the profession

    just remember the one true law and everything becomes clear

    1. Re:remember there is only one law by meta-monkey · · Score: 1

      I mostly agree with you, aside from the fact there are plenty of laws out there that do not harm or inconvenience those in power, yet are still illegal anyway.

      The major danger is to inconvenience those in power- but you're not safe doing harmless stuff either.

      Those laws exist to divide and control the populace so they do not turn on their betters.

      "This Left-Right paradigm concept theorizes that the two opposing political parties utilize their tremendous hold over mainstream media to dramatize political distractions and engage in covert warfare and operations, in grand performances of bureaucratic rivalry meant to propagandize and divide the populace. Divisive issues are purposefully fed through the major media outlets to divert attention away from the ruling class's hidden and ulterior (and sometimes global) agendas. By drawing attention to the differences between the two embedded political systems, ideologies, races and classes, the political groups obscure political clarity and divide unity among the masses. The tactic creates confusion and frustration among the population, which enables the ruling class to increase and consolidate their wealth and power through maintaining an illusion of a two-party system of checks and balances that actually works."

      --
      We don't have a state-run media we have a media-run state.
  14. Well, d'uh by mbone · · Score: 1

    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.

    The end result of this will be to destroy copyright. I give it 10 years.

  15. Re:Translation is a copyright owner's exclusive ri by cheesybagel · · Score: 1

    You may have a point for things like books. But this is certainly not a case for movie subtitles. How many people do you know who will skip seeing a movie just because they have the subtitles? Even deaf people will want to see the visuals.

  16. View from Thailand by Anonymous Coward · · Score: 5, Informative

    As a native English speaker living in Thailand for a few years, I can offer a prospective from this side of the earth. Legalities aside, the native Thai movies have English subtitles during the first run in the theater. However, when the movies are released on DVD, they do not have the English subtitles. They used to have them, lets say 5 years ago, but because of piracy of (Thai) movies abroad (read: Malaysia), they no longer distribute DVDs with the English subtitles. On a 'blockbuster' release, the distribution rights for other outside of Thailand will be picked up by some company, which will usually include the English subtitles, as well as the native languages for whereever it being distributed. As a consumer here, that means if I wish to watch a normal Thai movie here, I better see it in the theater, because nobody will pick up the distribution, hence, there won't be a DVD release with English subtitles. As far as the raids go, I can see why the entertainment industry doesn't like fan subs, at least from this angle. What I don't necessarily see is why they have enough pull to make raids like this happen.

    1. Re:View from Thailand by Anonymous Coward · · Score: 1

      As a native English speaker who has lived for a short time in Bangkok, I say, whaaaaaa? You can get whatever movie in whatever language with whatever subtitles you want, on DVD+R for about 100 baht.

    2. Re:View from Thailand by dissy · · Score: 1

      As far as the raids go, I can see why the entertainment industry doesn't like fan subs, at least from this angle. What I don't necessarily see is why they have enough pull to make raids like this happen.

      I dunno about that, I can't see why the industry doesn't LOVE fan sub sites myself.

      See, the industry can do nothing, and lose a bit of money to piracy...
      Or, the industry can do raids and suing, lose even more money to piracy (the angry don't buy, but will DL), lose any money from customers who specifically buy the movie knowing there are good subs they can obtain, and get exactly $0 more from the non-existent people who refuse to buy the movie specifically and only because there ARE subs.

      Instead of cutting off their pinky finger tip, they instead sliced off the finger tip, then again at the knuckle, then again through the bone, before lopping their hand right off.

      But no one is really arguing they don't have the law on their side, and that it's literally a crime against humanity. Only arguing that they shouldn't, and just because it's "only" a kick in humanities teeth doesn't make it right.

    3. Re:View from Thailand by WhoBeDaPlaya · · Score: 1

      Malaysia boleh!

  17. Re:Translation is a copyright owner's exclusive ri by CanHasDIY · · Score: 1

    Non sequitur - nowhere in TFS or TFA is it stated that the fan-subs were made for illegally pirated movies.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  18. Re:Translation is a copyright owner's exclusive ri by coinreturn · · Score: 1

    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.

    Perhaps true, but actually preposterous. I can invent a contrived language that maps the dialog of one movie directly into the dialog of another movie (at least if there are only two speakers).

  19. 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.

  20. Re:Translation is a copyright owner's exclusive ri by cheesybagel · · Score: 1

    It is derivative. But translations by themselves are worthy of copyright protection as well. If you are one of those people who only care about the letter of the law and not the spirit of a law you neither much of a citizen nor much of a human being.

  21. Sweden is an US colony by now by gmuslera · · Score: 1

    Along with UK veto'd the discussion of NSA spying without informing their population, wiretapped Russia, and we know what they did with Assange and Pirate Bay. From a country that used to be proud of its defense of human rights the path to the bottom was pretty fast.

    1. Re:Sweden is an US colony by now by tftp · · Score: 1

      From a country that used to be proud of its defense of human rights the path to the bottom was pretty fast.

      There is a big difference between being proud of its defense of human rights and actually defending those rights.

      For example, the USA had no plans to defend human rights of victims of Luis Posada Carriles, or of Branch Davidians, or of Vicky Weaver who wasn't accused of anything to begin with, and of Sammy Weaver who was shot in the back and also killed. All that talk about "defense of human rights" is just hypocrisy used as weapon in big politics. Domestically, you have no inherent human rights whatsoever, and your life isn't even worth a drop gun. Your rights are only defined by who you are, who you know, and who you are up against.

    2. Re:Sweden is an US colony by now by gl4ss · · Score: 1

      Along with UK veto'd the discussion of NSA spying without informing their population, wiretapped Russia, and we know what they did with Assange and Pirate Bay. From a country that used to be proud of its defense of human rights the path to the bottom was pretty fast.

      hmm where did you get that? the swedish freedom is the freedom to do nothing. there's even worse cases in past 12 years than what you provided though.

      their biggest human rights faults have always been being too trusting of the americans wanting to do the right thing, or germans, or whoever. heck, they sell offensive weaponry too, as if USA wasn't using it in offensive ways.

      --
      world was created 5 seconds before this post as it is.
    3. Re:Sweden is an US colony by now by Patman64 · · Score: 1
  22. 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.

    1. Re:Only in US-style banana republics. by dywolf · · Score: 1

      Or are you trying to apply corrupt US law onto Sweden ?

      Actually quite a few countries have agreements where laws are either shared or similar in both nations. One of hte perks of being in the UN/EU and having treaties. (note that in teh abstract normalization of laws acros borders is a good thing)

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    2. Re:Only in US-style banana republics. by cpt+kangarooski · · Score: 1

      (note that in teh abstract normalization of laws acros borders is a good thing)

      Oh, I disagree. Sometimes it's good, but plenty of laws are neither better nor worse than alternatives (including not having the law), and should be chosen according to local preferences, rather than what everyone else is doing.

      For copyright there's no need for harmonization at all; let each country do what's good for its own people, and merely coordinate informally to avoid situations where two countries have laws which are so incompatible that an author who wanted a copyright in both has to choose between one or the other.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  23. Re:Translation is a copyright owner's exclusive ri by DerekLyons · · Score: 2

    No, the actual point is that subtitles are derivative works - which require permission from the holders of the copyright to create. Which is an example of copyright getting it exactly right. You aren't allowed to muck with someone else's work without their permission. That's the whole point of copyright,

  24. Re:Translation is a copyright owner's exclusive ri by jedidiah · · Score: 2

    > I fail to see the relevance of your post.

    Of course not. You're too much of a corporate toadie.

    His post was an obvious prelude to a fair use defense. Fansubbing does not devalue the work. It is not piracy in any meaningful sense of the word. It's merely end users managing to find some way of making a particular creative work more useful.

    This "derivative" also can't be used without the original.

    Copyright related monopoly powers should be minimized rather than maximized as a matter of basic public policy and because that's what the copyright clause in the US Constitution indicates.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  25. I'm not sure by DerekLyons · · Score: 1

    "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."

    I'm not sure that outside of small bubble of people who don't believe in copyright at all (let alone understand the concept that others have rights in the first place), that such sentiment is general.

    1. Re:I'm not sure by jedidiah · · Score: 2

      I think you will find that most people realize that they have rights and object to the idea that individual liberties should be subservient to the rights of corporations.

      Of course most non-enthusiasts won't realize what interesting things are being kept from them due to corporate lobbying.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:I'm not sure by Arker · · Score: 1

      s/don't believe in copyright at all/pay attention to these issues already.

      FTFY.

      If you want to tell me the two bubbles are essentially identical, I would not necessarily disagree.

      As the latter bubble expands, so does the former, generally speaking.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
  26. Re:Translation is a copyright owner's exclusive ri by jedidiah · · Score: 2

    No. We don't all know.

    You are just being a huge asshole and just declaring everyone to be thieves with nothing to back that up except your own stupidity and total lack of morals.

    You are simply projecting. YOU are the dishonest scum and you are projecting that on the rest of us.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  27. Paid copies by phorm · · Score: 1

    Actually, I'd imagine they're more concerns about such subs being used in 0-day TPB releases.
    Cut off the subtitles, and sudden the movies are a lot less interesting to download. Of course, there may not be any official copy with localized subtitles either, but the industry doesn't care about that.

  28. 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.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  29. Let me see if I understand... by bitwdlr · · Score: 2

    Please correct me if I am wrong on this - fans translate movie dialogue to something easily understood in a different language and load it up to a website where others can associate it with a purchased movie. Because more people can now understand the dialogue, more movies are sold. The industry, citing copyright infringement, raids the site and shuts them down. Now fewer people have the appetite to buy their movies because they do not understand what is being said. Good, sound business logic. Sounds like they are trying to do what the music industry did - disenfranchise its customer base and lose revenue in the process.

    1. Re:Let me see if I understand... by Samantha+Wright · · Score: 1

      As someone else said, for a small subset of those films, first-party subtitles are already available, but are sold at a premium by the film's copyright holders vs. English-only versions. Thus the availability of free subtitles prevents the vendors from charging extra. (For bonus points, guess how many of the vendors' subtitles are ripped directly from the very servers they just confiscated...)

      So there is business logic here, it's just the usual repugnant kind.

      --
      Bio questions? Ask me to start a Q&A journal. Computer analogies available for most topics!
    2. Re:Let me see if I understand... by F.Ultra · · Score: 1

      It inteferes with their business model. The company that made the film sells the distribution rights to different companies in different countries. These companies do not want their customers in their country to be able to buy their copies from other countries (be it due to price, quality issues, or long time to market) so they use subtitles or dubbing as a weapon here. That is also why you sometimes will find a DVD/BD with forced subtitles, by doing that the main distributer will know that copies from country X will not compete with their market since no one there want's to be forced to view the disc with subtitles from a different language.

    3. Re:Let me see if I understand... by wonkey_monkey · · Score: 1

      where others can associate it with a purchased movie.

      Or not.

      Because more people can now understand the dialogue, more movies might get downloaded.

      or

      Because more people can now understand the dialogue, more movies might get bought at a lower price.

      --
      systemd is Roko's Basilisk.
  30. Derivative works by Anonymous Coward · · Score: 1

    Fansubs are derivative works. It may be illegal to put a derivative works into commercial use without the consent of the original copyright holder - e.g. Polish translation of Finnegans Wake spent some years on a shelf, because the Joyce estate sued everyone into submission until the copyright expired. On the other side a Polish funsub site napisy.org was raided and closed in 2010, but in May this year the case was dropped, AFAIR with phrases like 'fair use' and 'no commercial usage' in the air.
    I'm pretty interesting what's how does the Swedish legal soup on this look like.

  31. Re:Translation is a copyright owner's exclusive ri by kesuki · · Score: 1

    yeah but fansubs are a community of people who have more time than money and they allow more people to enjoy the artwork, and in the case of anime it can resurect anime from the dead and give it new life, and are supposed to stop sharing when the official usa launch is announced. basically fansubs are unpaid critics of anime and do a better job letting their community know which anime to buy when it hits. fansubs are not restricted to the anime fans, and there are torrenters who ignore the 'until usa launch' but in general fansub communities are a good thing for most studios, the movies tolerated fan subs because nobody wanted to be the first to be making enemies among vocal fans of their products. but technically yes, fansubs are 'piracy' of content. but if you want to mention it, everything from tapes, cds, radios, dvds, blurays, vhs, betamax, tivo, piratebay etc all make piracy easy, which is why copyright is an epic fail. everything the customer wants to do with the technology is 'bad' and there is no way to stop someone from learning how to get access if they are determined not to pay. how much of microsofts user base use pirating tools? who made the most money off this? how much overlap in technology is there between 'real' users vs piracy? it is not easy.

  32. Re:Translation is a copyright owner's exclusive ri by lgw · · Score: 2

    Totally wrong. If you have the disc how do you think you can mux in fan subs? The people using these are torrenters, not those that just bought a disc. Yes, there are ways to rip, transcode and remux, but be honest, we all know these subs are for pirated videos.

    Fansubbing long predates torrents, or the Internet having the bandwidth (to the typical house) needed for video. Fansubbing was done for years with a Xeroxed typed sheet (or later emailed or posted text), and you were mostly on your own to match up the lines of translation to the spoken lines. I remember watching anime at cons while reading along on the translation I was handed.

    That bein said, it was also extremely common to pass out copies of the video tape of the anime at those cons, but usually that would stop when the video could be bought in America.

    Am I weird in that I ripped my entire DVD library, stuck all the DVDs in boxes, and only watch the digital copies anymore? I suspect that's not so strange among the sort of geek who would have a use for a fansub track in the first place. And adding a new subtitle track to an existing rip can be easily scripted to a single command.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  33. Re:Translation is a copyright owner's exclusive ri by Lunix+Nutcase · · Score: 1

    False equivalence. The vast majority of the users of the roads are not criminals. It's easily shown that around 80-90% of the content on the Pirate Bay is violating copyrights.

  34. Re:Translation is a copyright owner's exclusive ri by lgw · · Score: 1

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

    The whole point of copyright is "To promote the Progress of Science and useful Arts". At least in America, creative control was never the legal basis for copyright, the basis was to benefit the public by encouraging new works.

    The common view now has become much more attribution oriented. People expect their Youtube video to stay up as long as they clearly identify the original work and it's creator, and get angry if they do that and their derivative work gets taken down. The law is just lagging the changing tide of expectations around copyright in our democracy.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  35. Sometimes the companies act differently by Aim+Here · · Score: 4, Interesting

    Heh, I've had experience with commercial film companies and fansubs.

    A few years back, I had too much time on my hands, and an itch to watch certain foreign movies that (then) had no publicly available English translation. Not to be outdone just because I was monolingual, I downloaded the films themselves from the internet, downloaded subtitles for *other* languages (French, Spanish and Portuguese) and proceeeded to convert the subtitles into English, using a mixture of google translate, perl, online dictionaries, hand-editing and mass rewatching of parts of the film, until I got something that looked roughly right to me, at the time. It took a pile of time, but as I say, I had too much time on my hands.

    When I was done I finally got to watch the film, then uploaded the files to some subtitle database on the internet in case others found it helpful, which apparently a few people did. No matter that what I did had a lot of wrong bits (the hardest part is catching local idioms, which aren't well-documented, even on a place as comprehensive as the internet).

    Fast forward a few years, and I spot DVD versions of one of these films on Amazon complete with English subtitles and buy it instantly. Finally, I'll get to see the film with properly translated subtitles, rather than some botch job by someone who didn't know what they were doing. And, of course, it turned out that the Korean company that packaged the DVD had just downloaded my subtitles from the internet, made some small alterations and slapped them on the DVD itself (sadly, not correcting the most obvious mistakes I'd made).

    Seems some of these film companies will happily take free fan labour (however shoddy!) and sell it on to paying customers without acknowledgement or royalty*, while others will send in jackbooted thugs to have you sent to jail. Such is life.

    *I'm not miffed about my work being used like this - I'm just embarrassed at the terrible job I did and hope the customers aren't upset by it!

    1. Re:Sometimes the companies act differently by F.Ultra · · Score: 2

      Also it's not uncommon for the disc's subtitles to be in a far worse shape than the freely available ones.

  36. Re:Translation is a copyright owner's exclusive ri by he-sk · · Score: 1

    Exactly, you wouldn't want that. Which is why US publishers have always respected the copyright of UK publishers and paid them for their work. Oh, no wait, they didn't. In the 19th century, US publishers routinely republished UK titles without paying royalties. Only when US culture came to dominate the global market did they join in international copyright protection rackets^W schemes.

    --
    Free Manning, jail Obama.
  37. 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?

    --
    Why is it so hard to only have politicians for a few years, then have them go away?
  38. Re:Translation is a copyright owner's exclusive ri by spire3661 · · Score: 1

    If a company is failing to serve a market, they should lose copyright in that market. Use it or lose it, but you cant lock up culture.

    --
    Good-bye
  39. Yes, all works are derivative. by Zordak · · Score: 3, Informative

    True, all works are derivative. But not all works are derivative of something that is still in copyright. If you want to (by way of completely random example) do a translation of Les Miserables and then make an english-language musical out of it, there's nobody to stop you because the original source is long out of copyright.

    --

    Today's Sesame Street was brought to you by the number e.
    1. Re:Yes, all works are derivative. by Minwee · · Score: 4, Interesting

      True, all works are derivative. But not all works are derivative of something that is still in copyright. If you want to (by way of completely random example) do a translation of Les Miserables and then make an english-language musical out of it, there's nobody to stop you because the original source is long out of copyright.

      That's one way of looking at it. The other way is that there are other derivatives of Les Miserables which _are_ under copyright, and the people who own them would like to have a few words with you about exactly what you have created a derivative work of.

    2. Re:Yes, all works are derivative. by nabsltd · · Score: 1

      If you want to (by way of completely random example) do a translation of Les Miserables and then make an english-language musical out of it, there's nobody to stop you because the original source is long out of copyright.

      This is not strictly true, as if there is anything in copyright that was based on the same out-of-copyright source, then you might be in trouble.

      This happens a lot with Disney, as they have used many public domain or out-of-copyright works as sources for their movies, and then sue if there is another work that might possibly in some way be confused with the Disney work.

    3. Re:Yes, all works are derivative. by Zordak · · Score: 3, Interesting

      This happens a lot with Disney, as they have used many public domain or out-of-copyright works as sources for their movies, and then sue if there is another work that might possibly in some way be confused with the Disney work.

      They can sue if they can show that your work is a derivative of the Disney work, which is itself now a new copyrighted work. For example, if your animated feature of The Hunchback of Notre Dame happens to have three singing gargoyles, a cute, lovable little Quasimodo, a noble, heroic Phoebus, and a crappy happy ending where the boy gets the girl and they all live happily ever after, you might have a problem. But if your movie has a hulking, ugly, monstrous Quasimodo who dumps molten lead on the invading army, a vain and shallow Phoebus who loses interest in Esmeralda after sex doesn't work out, and everybody dies at the end, you should be good to go. Even if your Quasimodo cries "Sanctuary!" three times while triumphantly displaying an unconscious Esmeralda---an element common to the book and the crappy Disney movie---you're fine. You are free to copy the original. You aren't free to copy the copy.

      --

      Today's Sesame Street was brought to you by the number e.
    4. Re:Yes, all works are derivative. by Zordak · · Score: 2

      That's one way of looking at it. The other way is that there are other derivatives of Les Miserables which _are_ under copyright, and the people who own them would like to have a few words with you about exactly what you have created a derivative work of.

      Which is fine, as long as you've created a musical derivative of Victor Hugo's book and not of Boubill/Natel/Kretzler book. If you have songs called "I Dreamed a Dream," "Do You Hear the People Sing," and "Bring Him Home," I'd start to worry.

      --

      Today's Sesame Street was brought to you by the number e.
    5. 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.

      --
      Hectice, baby, Mercator says hello to you
    6. Re:Yes, all works are derivative. by Zordak · · Score: 2

      Perhaps, but now you're talking corporate and legal ethics, not copyright. A lawyer cannot ethically bring a suit on behalf of his client unless he has a good-faith and reasonable belief that the case has merit. The original premise was a movie that "might possibly ... be confused with the Disney work." While confusion is a trademark doctrine, not a copyright doctrine, the post implies some level of substantial similarity. The copyright analysis for substantial similarity is abstraction-filtration-comparison. In other words, go down to the level of abstraction that is detailed enough to be protectable ("Deformed man falls in love with a beautiful woman" is too general), filter out anything not protectable like facts and public domain works ("Quasimodo cries 'Sanctuary!' three times"), and compare what's left. The lawyer should go through this analysis (i.e., send an associate to spend ten hours drafting a detailed memo) before he ever files the lawsuit. He should file only if he is reasonably satisfied that the accused work passes the test.

      --

      Today's Sesame Street was brought to you by the number e.
    7. Re: Yes, all works are derivative. by Anonymous Coward · · Score: 1

      Hahahaha... "legal ethics"!

      Good one.

    8. Re:Yes, all works are derivative. by cpt+kangarooski · · Score: 1

      Although do remember that you are allowed to copy the original via the copy. The derivative copyright only applies to the portion of the derivative work which is new. Old material that reappears in the derivative work is fair game. So if you could carefully extract only the non-Disney parts from, say, Disney's Cinderella, you'd be fine even though you took that particular route.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    9. Re:Yes, all works are derivative. by tepples · · Score: 1

      True, all works are derivative. But not all works are derivative of something that is still in copyright.

      In practice there's little difference. Everything created while your parents are alive will be in copyright until after you are dead.

    10. Re:Yes, all works are derivative. by Quila · · Score: 1

      In the US, it's common for someone who brings a copyright suit and loses to be ordered to pay costs for the defendant.

    11. Re:Yes, all works are derivative. by c++0xFF · · Score: 1

      I am a lawyer. I am not your lawyer. This isn't legal advice. Assume that I'm deliberately misleading you.

      Assuming you're misleading me ... does that mean I really can make a derivative without violating the Les Mis copyright? Now I'm confused...

  40. Re:Translation is a copyright owner's exclusive ri by Arker · · Score: 1

    That's text to text translation, that is a derivative work. However a voice to text translation is not necessarily in the same category. An Italian translation of a book written in, say, German, is intended to replace that book for those more comfortable in Italian - most people would buy one or the other, not both. Italian subtitles to a German movie, however, are useless without the original movie. It's not a translation of any text anyone would ever actually read, rather it's more like a cheat-sheet for viewers of the original film who do not understand the original language. It doesnt compete against the original work, but adds to the value in it.

    For this reason, at least in some countries, subtitles are NOT considered derivative works.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  41. Too late -- the MPAA cripped it. by oneiros27 · · Score: 1

    A week or two ago, a bunch of countries signed an treaty that allowed for publishing materials for the disabled.

    So now various groups like HathiTrust (who won their lawsuit by The Authors Guild) can now share their work with groups from other countries. Unfortunately, the treaty had been modified to exclude audio visual works.

    It might be that individual countries still have laws that apply (eg, the US does, but they still might not've been in full compliance), but we don't yet have an international treaty for doing it. My suggestion would be to host the website in Antigua.

    --
    Build it, and they will come^Hplain.
  42. Because ... by PPH · · Score: 2

    ... "Close captions brought to you by ....".

    It's something the producers can sell. In the case of alternate language subtitles, they can extract funds from distribution channels and segment the market. Can't do that if everyone buys the region 1 version and adds their own.

    --
    Have gnu, will travel.
  43. Re:Translation is a copyright owner's exclusive ri by KhabaLox · · Score: 1

    I can invent a contrived language that maps the dialog of one movie directly into the dialog of another movie (at least if there are only two speakers).

    Perhaps true, but actually preposterous.

    --
    Ceci n'est pas un sig.
  44. Re:Translation is a copyright owner's exclusive ri by KhabaLox · · Score: 1

    Well, it's not "entirely fan-made." The person who made it based their translation on the dialogue of the movie.

    --
    Ceci n'est pas un sig.
  45. Re:Translation is a copyright owner's exclusive ri by wonkey_monkey · · Score: 1

    I can invent a contrived language that maps the dialog of one movie directly into the dialog of another movie (at least if there are only two speakers).

    Not getting it...

    --
    systemd is Roko's Basilisk.
  46. Re:Translation is a copyright owner's exclusive ri by Anubis+IV · · Score: 2

    So, based on what you've said, translations shouldn't be allowed before the film has been released? Okay, I may disagree with it (I think you've entirely ignored legitimate uses that precede a public release while glossing over the fact that public releases oftentimes happen during the theatrical release these days; Amazon Instant Streaming has a number of titles that are currently in theater, for instance), but I can at least see the logic behind it. What about the other 98.6% of films though?* What legitimate reason is there for outlawing translations of them?

    A translation of a book replaces the need for a copy of the original, but not so with translations of films, since you still need a copy of the original film, and if someone wants to pirate that copy, that's already a crime. Taking down a site that publishes translations is as silly as taking down a publisher that prints study guides for books: the derivative work cannot exist independently of the original, and in no way facilitates piracy. I actually think I used this particular site a few months back when I was ripping my entire library of blu-rays and DVDs so that I could watch them from my Apple TV and ran into a few discs that had subtitle formats my ripper couldn't recognize or my encoder couldn't use.

    * I didn't just pull 98.6% out of my ass. See this 2010 estimation that there were approximately 172,000 total films, then add about another 15,000 to account for the three years since then (which is a conservative estimation, considering the MPAA's reported numbers (see the bottom of page 20) for the last few years have skyrocketed, and we can likely expect that to be true elsewhere as well). If we then assume a rather generous-for-your-side delay of 6 months on average between a movie's theatrical and public releases, we can say that there are about 2500 films at any given time that have not yet been released, which means that about 98.6% have already been released.

  47. SUE! by kaatochacha · · Score: 1

    Someone should point out the Dark Side of the Rainbow project, and let the appropriate industry titans sue each other into oblivion.
    Who's infringing?

  48. Re:Translation is a copyright owner's exclusive ri by abigsmurf · · Score: 1

    Some of the greatest literary works known to man are scripts.

    Sure Hangover part IV isn't Shakespeare but that doesn't mean scripts in themselves aren't an art form worth protecting.

  49. Re:Translation is a copyright owner's exclusive ri by You're+All+Wrong · · Score: 1

    A clause such as "copyright shall include the exclusive right to exploit the work by making copies of it and by making it available to the public, be it in the original or an altered manner, in translation or adaptation, in another literary or artistic form, or in another technical manner" does not make "translation [...] a copyright owner's exclusive right", any more than it makes reading a copyright owner's exclusive right.

    --
    Your head of state is a corrupt weasel, I hope you're happy.
  50. Re:all you need to say is by rubycodez · · Score: 1

    corporate fascism, where small elite of corporations centrally plan actions of government to screw the people out of wealth, freedom and opportunity, is TOTALLY DIFFERENT from communism, where small elite centrally plan actions of government to screw the people out of wealth, freedom and opportunity

  51. Re:Translation is a copyright owner's exclusive ri by You're+All+Wrong · · Score: 1

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

    It's hard to be more wrong. Parody is explicitly protected under fair use rights.

    --
    Your head of state is a corrupt weasel, I hope you're happy.
  52. Re:Sweden and U.S. Relationship by Culture20 · · Score: 1

    He's wanted for posting classified US government materials, not copyrighted MPAA materials. If it were the latter, even the embassy housing him would have been raided.

  53. Which countries? by tepples · · Score: 1

    For this reason, at least in some countries, subtitles are NOT considered derivative works.

    Which countries might those be?

  54. How parody? by tepples · · Score: 1

    I imagine that the majority of these fansubs are not intended as transformative comments on a particular work but instead as faithful reproductions of the original work's meaning.

  55. Please define "progress" by tepples · · Score: 1

    Please define "progress". Some people might define "progress" as the publication of more distinct works, including works that are created only because the author had an assurance of creative control.

    1. Re:Please define "progress" by lgw · · Score: 1

      I think more distinct works is a good starting place. Allowing derivative works that don't compete commercially with the original seems like a first guess at how to maximize that. A funny cat video with a popular song used as its soundtrack isn't going to reduce sales of the original (especially if e.g. Youtube automatically adds a link to buy the song to the cat video, so it becomes free marketing).

      Yes there are authors who are so obsessive that they'd prefer to sulk like Achilles in his tent if they can't sue everyone who writes fanfic. Fuck em.
       

      --
      Socialism: a lie told by totalitarians and believed by fools.
  56. Re:Translation is a copyright owner's exclusive ri by tepples · · Score: 1

    An adaptation is a work based on another work. Because it's a work, it deserves its own copyright, but because it's based on another work, it requires permission from the author of the older work unless the original work was created before 1923 (the perpetual copyright cutoff). As for a permissively licensed modern-language translation of the Christian Bible, you could always try the World English Bible.

  57. How is it parody? by tepples · · Score: 1

    Explain to me how this is a case of parody, and I'll consider it.

  58. It may be legal by Anonymous Coward · · Score: 1

    It may be legal to raid the subtitle site, but it ain't right. Legal != right

  59. Do 51% agree that this discrepancy is important? by tepples · · Score: 1

    Now try getting 51 percent of the public in each affected country to 1. agree that current law is not right, and 2. agree that this discrepancy between current law and what is right is more important than other domestic and foreign policy issues.

  60. copyright issues? Not with the translations. by dutchwhizzman · · Score: 2

    Translations have their own copyright. If commercial copyright studios make a translation later, they better not look too much like the 24-hour-after-broadcast fan translations, or they ar violating the copyright of the original fan-translation. However, there is a copyright on the original storyline and script. It just may or may not be that that copyright has a higher status than an "original" translation. The kicker here is that they are trying to have their cake and eat it too. Either it's an original work of art and it has it's own copyright, or it's a "dumb" translation of the original and all copyrights on translations are null and void.

    --
    I was promised a flying car. Where is my flying car?
  61. Re:Translation is a copyright owner's exclusive ri by shentino · · Score: 1

    Copyright's purpose is to bribe the creative with an incentive to create and not keep it to themselves or to those who pay an arm and a leg.

    The intended result is a finite amount of time for copyright holders to monopolize their creations for profit, but still allow those creations to enter the public domain eventually.

    Unfortunately, that wasn't enough for the greedy content producers, who coopted the democratic process and bought laws to extend that limit indefinitely.

    Hell, the public domain isn't even sacred anymore, since SCOTUS allowed Congress to retroactively claw back stuff that had ALREADY entered the public domain. So don't kid yourself into thinking SCOTUS is here to protect us.

  62. Re:Translation is a copyright owner's exclusive ri by cpt+kangarooski · · Score: 1

    Makes sense to me. The purpose of copyright is twofold: first, to incentivize authors to create and publish works which they otherwise would not have created and published; and also to place those works into the public domain, so that they're the most useful to the public, as fully and quickly as possible.

    Remember, what was said was:

    You aren't allowed to muck with someone else's work without their permission.

    Copyright exists to foster what you would describe as piracy.

    Which is to say, copyright has as a goal placing as many works as possible, as quickly and fully as possible, in the public domain, so that they can be mucked about with, without anyone's permission.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  63. Re:Translation is a copyright owner's exclusive ri by cpt+kangarooski · · Score: 1

    In the US fair use is basically a tautology: a fair use is an otherwise infringing use which is fair under the circumstances. Any use might be fair, but not every use will be. There is no rule that all quotes or all educational uses or all time shifting is fair, you see. Each individual use must be analyzed anew and will depend on the circumstances in the case at hand.

    So all fan translation and subtitling of movies isn't a fair use because it's too generic. A specific instance of a specific fan translating and subtitling a movie, under just the right circumstances, however, could be fair.

    The previous poster was referencing some of those factors, so it seems that be knows more about fair use in the US than you do.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  64. Re:Translation is a copyright owner's exclusive ri by shentino · · Score: 1

    Bribery keeps the guard dogs on leashes held tight by their corporate string pulled puppets.

  65. Re:Translation is a copyright owner's exclusive ri by shentino · · Score: 1

    Such a contrived language that has such dependency on the movies in question would probably qualify as a derived work of both.

  66. The best thing to do is not watch by ralphaostrander · · Score: 1

    My life is just fine and I do not watch a single god damn movie. And I never will until the poor are allowed back in theaters.

  67. Re:Translation is a copyright owner's exclusive ri by tepples · · Score: 1

    I don't see how saying that "copyright shall include the exclusive right to exploit the work [...] by making it available to the public, [...] in translation" isn't the same as saying that making and distributing a "translation is a copyright owner's exclusive right."

  68. That's exactly the way it should work by dfm3 · · Score: 1

    If I've built up excellent karma through a series of insightful, informative, on-topic posts, I shouldn't have all of that negated by a single post that happens not to please the mods that day. It is designed that way to prevent abuses of the system... for example, so that someone's karma doesn't get obliterated by a few abusive mods who happen to disagree with my opinion on one single post. Yeah, I know that meta-moderation is supposed to reduce this possibility, but really, I know better than that...

    Now, if I choose to continuously spout off with a series of flamebait or off topic posts, I deserve the karma hit that will inevitably result.

  69. Re:Translation is a copyright owner's exclusive ri by Mistakill · · Score: 1

    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.

    At what point... lets take something famous... "Frankly my dear, I don't give a damn"... at what point does copyright kick in? Maybe the whole thing? part of it? maybe "Frankly my dear, I don't give a"? or maybe "Frankly my dear?" or how about "Frankly"? What about if i changed it to "Honestly my dear, I don't give a damn"

  70. Nonliteral copying by tepples · · Score: 1

    Thee is a concept in copyright called nonliteral copying. If enough of the preceding conversation matches concept for concept that the passage ends up being a close paraphrase, any clause meaning "I honestly don't care" might infringe. Individual ideas are not subject to copyright so much as their selection and arrangement. Otherwise, one could get away with rewriting a best-selling novel in simplified language and calling it one's own original children's book.

  71. Re:Translation is a copyright owner's exclusive ri by pantaril · · Score: 1

    Totally wrong. If you have the disc how do you think you can mux in fan subs? The people using these are torrenters, not those that just bought a disc. Yes, there are ways to rip, transcode and remux, but be honest, we all know these subs are for pirated videos.

    step 1) insert movie into your PC's optical drive
    step 2) open movie in your preferred media player
    step 3) add subtitles from disk
    step 4) watch your movie with subtitles.

  72. Re:Translation is a copyright owner's exclusive ri by Racemaniac · · Score: 1

    am i the only one that finds regional pricing an issue?
    that they can outsource everything to wherever they want to get the lowest price, is great and fantastic and logical, that a customer would be allowed to do the same thing would be horrible, and we must prevent it at all cost.
    I would accept regional locking, if that meant that the product was also made in my region, but if they outsource everything to the cheapest country, then i want to right to buy it there dirtcheap :p

  73. Re:Translation is a copyright owner's exclusive ri by ArtemaOne · · Score: 1

    Totally wrong. If you have the disc how do you think you can mux in fan subs? The people using these are torrenters, not those that just bought a disc. Yes, there are ways to rip, transcode and remux, but be honest, we all know these subs are for pirated videos.

    Are you kidding? Ever heard of VLC? You can play DVD or video files and use any subtitles you want.

  74. Re:I like the spin by Travelsonic · · Score: 1

    ... *facepalm* The company wasn't providing free audio or video, they were providing SUBTITLES they made on their own - does it really warrant a police raid as opposed to other forms of communication or action should it be needed? We're not dealing with drugs, or organized crime for fuck's sake. The idea that it is all about wanting free media, and a conspiracy to spin the story, IMO of course, makes me wonder though if you are into honest debate.

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  75. Re:Translation is a copyright owner's exclusive ri by c++0xFF · · Score: 1

    I had to read many scripts in English class. An excruciating exercise, honestly (scripts aren't meant to be read, they're meant to be performed!).

    Fact is, scripts are in themselves useful. Not to you or me, but to some crazy nuts out there it has entertainment value. I guess they just perform it in their head or something.

  76. Re:Translation is a copyright owner's exclusive ri by IndustrialComplex · · Score: 1

    One-time-pad-language?

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  77. Re:Translation is a copyright owner's exclusive ri by lgw · · Score: 1

    Just FYI: I stopped reading your post as soo as I saw "creative" used as a noun. Very poor word choice if your audience is either geeks or artists.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  78. Re:I like the spin by lpq · · Score: 2

    Except that your "criminals" are doing a free public service out of love for the media, and you victims are wealthy beyond anyone's belief, and own the 'police' that they use to raid the 'criminals'...

    It hasn't happened yet, but even US law makers (notoriously stupid), have begun to recognize that penalties against those doing financial profit crimes (various forms of piracy, especially those related to 'intellectual property', (where the property is really, all in your head -- aka imaginary property), are we overblown and not especially effective against those who are not doing the, "so-called", crime for profit and have no where near the assets the laws were designed to counter.

    What you end up with are fans put in prison for 2-5 years where they become embittered and educated as criminals by the criminal colleges (prisons), and are later released into society with double or triple motive to engage in future economic crimes against society that won't just hurt those "wealthy beyond belief". (Note -- their double motive comes from the fact that because they will have a record, they will find it hard to earn a normal income legally; up to triple is being educated in ways to take society to the cleaners and being taught the moral lesson that the rich make the rules to serve them and democracy is mostly a sham.

  79. Excuse me while I.. by doccus · · Score: 1

    Ever get so damn sick of the slimeballs in Positions of Power that you actually puke? I'd never heard of such a thing before, until now. I only wish their heads had been in the bowl...