Namely, Japanese media. To the best of my understanding, unlicensed series may be freely downloaded without any fear of incarceration. How else could scanlations persist on the internet?

Here's the main issue: while it's pretty obvious that anything licensed by an actual company (ex: TokyoPop, Dark Horse, etc.) and translated by that company is protected in the US, and thus illegal to go download randomly, what about the raw, Japanese files of series that have been licensed for use in the US?

Actually, downloading anything that isn't put on the web by someone who possesses the copyright and opens it to download for all areas is basically illegal. Manga, TV series, anime, etc. This includes raws, obviously. However, if it's put on the web by fans in a strictly non-profit capacity, it is not a criminal offense unless done on a commercial scale, ie normal law enforcement is not pursuing fans. Anyone doing it can still be sued, however, by the owner of the license for copyright infringement.

Most Japanese companies are not actively trying to remove unlicensed content if the product in question is not yet licensed. Probably because they hope the exposure will help selling licenses. But there are known exceptions, like Media Factory, a Japanese anime distribution company who will go after anyone with cease and desist orders that makes their series available in any form, whether licensed outside Japan or not.

US Licensing companies of course fight downloads. Commercial piracy like Hong Kong bootlegs and licensed DVD rips are highest on their list, as are fansubs of licensed material. Going after raws is usually a very low priority, and even then the people who put the material up are the first target, not the people downloading it.

But whatever you choose to do, and wherever you draw the line, remember that if you use bittorrent, and share in uploading, in most countries you are liable and could theoretically be held responsible for copyright violation. If you're doing a straight download without uploading, it's a bit more complicated. In some countries, like the Netherlands, people are allowed a straight download without legal consequences, but other countries don't distinguish between upload and download, and handling any form of content that has copyright is illegal.

Some people like to delude themselves that there is nothing wrong with downloading, because everyone does it, but that is something different than that the task of sueing them is so difficult that it will likely never happen.

Now if all of the above sounds extremely harsh, remember that this is simpy the total legal position. In practice, everyone I know draws their own line. Some people refuse to download anything, some will only download raws, some will only download fansubs and scanlations, but dutifully buy the product when it becomes available. Others download rips and buy bootlegs and don't give a damn. At this point in time you're likely to get away with whatever you choose, so you'd have to treat it as a moral problem rather than a legal one.

astridtops Wrote:Some people like to delude themselves that there is nothing wrong with downloading, because everyone does it, but that is something different than that the task of sueing them is so difficult that it will likely never happen.

Now if all of the above sounds extremely harsh, remember that this is simpy the total legal position.

Napster BAD!

Well, okay, that basically confirms what I was expecting: back to scavenging on public trackers.