WTF? Is there an alternate dimension anime fans have access to? I stopped watching Strike Witches at episode 05, but until that time, the story consisted of “GIRLS RUNNING OH NO PLANE YAY GUNS NOW BOOB GRABS”.

1. The right to create derivative works is a protected right under copyright. It’s just like the right to reproduce or distribute. Of course a digisubber group arguably do all three. Loosely speaking, a derivative work is something “based on” the original, such as a translation.

The legal case against “fansubbing” (in quotes because it’s not a well-defined concept in this context) is not a sealed deal. This goes to point #4 below.

2. Copyright ownership is recognized across all Berne signatory nations–there’s this treaty that a bunch of countries signed. As an aside, a while ago I was reading (IIRC) William Patry’s blog (head copyright counsel for Google) and he mentioned how the Iranian local film scene is blooming the past few years. How funky would it be if Americans can pirate it without any repercussions, as they’re not a part of the treaty? Heck, not even pirate–you can rip it off and call it your own and get away with it. If the fans let you.

3. This is actually the $$64,000 question. I suspect no one knows the real answer to the question. If anyone, Funi and d-rights folks might have the best clue, so ask them. The technical term, as I heard from Heiskell (funi marketing rep @ otakon who actually spoke on this), is that they have the right to power of attorney. Power of attorney means that they can sue people on d-rights’ behalf. They didn’t say what countries or regions they the rights for, but I presume at least in the US.

4. This ties in with #3 and #1 a bit. At otakon the impression I got from this was that Funi actually just have the power of attorney. In that sense, it’s already much cheaper for Funi to sue people than d-rights, since they’re based in the US and won’t have to mess with translation too much. At the same time, the exact fee structure is uncertain because at the end someone has to pay the lawyers. Maybe it’s out of Funi’s pocket, d-rights’ pocket, or both.

It ties in with #1 because this is not an open-and-shut case if fansubbers were to go to court over something that’s not being locally published. For what it is worth, regardless if whoever prevails in court, because it’s not an open-and-shut case it’s going to cost a lot more money.

In practice, however, like JP said it doesn’t matter since they’re not going to take anyone to court besides bootleggers, and those people don’t have much of a presence in the US that’s prone to lawsuits. Why not? Because it cost like in the ballpark of 20,000$ just to get the ball rolling in federal court. Actual trial? Probably at least 100 grand? LOLZ. And it’s not like any fansubber has the money to pay the Funi/d-rights even if they win.

1. Firstly, is it not the distribution of raws that is the illegal part? So wouldn’t releasing a script (like an .ass) be a reasonable “circumvention?” Obviously, that’s up to the subbers, if they want to play it clean, they might not even want to enable people who obtain the raws, but if you obtain the raws you’ve already done the dodgy part… or am I wrong?

I’m pretty sure that a translation is classified as a derivative work, so that’s still not OK.

2. Second, how does the DMCA, and US federal copyright law, apply to a property that isn’t licensed in the US?

Pretty much every country is a signatory to the Berne Convention, which recognizes overseas copyright.

3. Does this imply that there will be a license for the series, and the other ones in the package (Bamboo Blade, Monochrome Factor, etc)?

The kneejerk response would be yes, but for all we know it could’ve been a clause in another deal or maybe a separate agreement. Maybe they subcontracted out the whole download hunting to Funimation since they’re much more skilled at that sort of thing. Then again, why those specific shows unless it’s some kind of deal? Shrug.

4. Could someone pull a pirate bay and locate (their tracker) outside the jurisdiction of Funi and the DMCA? I’m not saying it’s a great idea, just curious.

Hell, they could just continue what they’re doing. Nobody’s ever going to get sued because it’s not feasible financially (both in terms of legal costs and the fact that they’ll never be able to get any damages from like a 20 year old student with no assets and tens of thousands in debts from student loans).

@otou-san
I actaully scrolled through an episode of Nabari and read a summary at the same time so the whole thing took around 7 minutes. It was the only way I could get through an episode of the show. Oh, Blassreiter ftw.

Get it? They don’t wear pants, so it’s funny! Haha.

Ironically, it was deficiencies in a ‘net DVD rental service which indirectly made me aware of fansubs’ existence.