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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."

65 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 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?

    14. 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.
    15. 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.

    16. 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.
    17. 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.

    18. 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.

    19. 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
    20. 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.
    21. 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
    22. 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.

    23. 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.
    24. Re:Fuck 'em by Minwee · · Score: 5, Funny

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

    25. 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

    26. 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
    27. 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.

    28. 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.

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

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

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

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

    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.
  4. 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 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
  5. 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.
  6. 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.

  7. 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.

  8. 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."

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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,

  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. 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.

  19. 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.
  20. 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.

  21. 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?
  22. 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 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.
    3. 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.
    4. 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
    5. 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.
  23. 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.
  24. 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.

  25. 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?
  26. 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.