From: DCA105@psuvm.psu.edu (David Asher)
Newsgroups: rec.arts.anime
Subject: Poll Results: Legal/Moral Issues
Date: 5 Oct 92 02:28:54 GMT
Organization: Penn State University

Here's the Poll results as promised (tho a bit late):

The original poll was :

>Do you feel that it is morally OK to:
>
>1) Copy fan-subbed anime that is not commercially licensed in the US?
>2) Copy fan-subbed anime that is also commercially available in the US?
>     (not a copy of the licensee's tape)
>3) Copy Japanese-Language versions of anime that is not licensed in the US?
>4) Copy Japanese-Language versions of anime that IS available in subbed or
>     dubbed versions in the US? (ex Nausicaa or JL Akira)

Here's the results:

Number of respondents:       12

QUESTION     VOTES YES     VOTES NO     %YES    % NO
   1             9            3          75      25
   2             7            5         62.5    37.5
   3             9            3          75      25
   4             7            5         62.5    37.5

Here's a selection of comments by the respondents:
=========================================================================
I feel that it is morally okay to copy all of the above, for the simple
reason that, when not licensed in the US, it's the only source for the
shows.  And when it IS licensed in the US (and is technically copyright
infringement), the quality won't be as good as from the retailers, so
if the person wants the really good-quality show, he or she will have to
contact the seller of that show.  Also, copying these shows promotes
anime fandom, which means more sales for the retailers.
=========================================================================
1. Fan subbed anime are usually without permission from copyright
   holder.  However, a defense could be made if the show is not
   available in format other than directly off the air.  It would
   still be morally incorrect.

2. There ahould not be fan-subbed tapes that is commercially available.
   Check FAQ for definition of Fan-subbed tapes/projects.  The practice
   of selling fan-subbed tapes are NEVER accepted by longer, or
   semi-longer readers of r.a.a.  It is morally incorrect.

3. See #1

4. See #2

P.S. Your questions seemed to be somewhat unclear.
=========================================================================
No for all of them.  Since there are copyrights on the material, it is
stealing to copy them, which is morally wrong.

The fact that I DO all of them just means that either I'm a hypocrite or
just not perfectly moral.  Situational ethics can assuage one's concience
pretty well :-)
=========================================================================
The answer for all four is:

   Yes it is morally OK to make a back up for yourself if you own the
   store-bought tape.

   No it is not morally OK to copy anime to for someone who does not own
   the store-bought tape.  The artists who made, and the producers who
   invested in, the artwork have a *right* to sell their product the way
   they want.  We shouldn't show our (lack of) support by stealing their
   profit, we should show it by buying or not buying the anime at all.
=========================================================================
There is little difference between 1 and 3.  I consider these a
neccesary evil; there is no way for me to view an anime not available in
the US unless:
1) I watch a pirated copy
2) I watch a friend's original copy
3) I rent a copy
4) I buy a copy

Now, 2 and 3 are pretty much unavailable for yours truly (other people's
mileage may vary).  And I'm not too hot about spending $90.87 on a laserdisk
of an anime I've never seen (unless it's something by Miyazaki or Takahata
^_^).  So, the only viable option above is to pirate stuff, and buy the
Japanese original via mail-order if I liked it.

=========================================================================
Anyway, as far as morals go, it's totally subjective, based upon each
individual person and case.  But here are mine:

I have no compunctions about copying in any of these four cases.  In
the first two, the subtitling was done by fans for the benefit of
other fans and as such they should be spread freely (assuming that's
what the subtitlers' original intent was - I do know of subbers - and
fan dubbers too - who show their works at cons but don't want them
circulated).  In case 3, such anime is usually hard and/or expensive
to come by if it isn't freely copied.  However, in cases 2 and 4, I
usually encourage people to go buy the domestic version if I think the
domestic version is worth getting (e.g., I would *not* recommend
Warriors of the Wind to any anime fan because of what it did to the
original Nausicaa), because I feel that these domestic efforts should
be actively encouraged as much as possible.

[This, of course, assumes that the dub is freely made and given - I do *not*
support or endorse copying anime for profit.  Death to bootleggers!  B^{]
=========================================================================
    1 yes- it ain't available over here... no problem.
    2 yes- many fan subs are inferior, and therefore pose no threat to
     commercially produced tapes
    3 yes- same comment as #1
    4 no- I actually care about these guys... they need the support.
=========================================================================
1-   YES OF COURSE
2-   YES (some titles are dubbed so poorly that a fan-subbed is better)
3-   YES
4-   YES

Sorry, I'm not ethical but who here is?
=========================================================================
I live in Finland. It's well nigh impossible to get legal anime here,
english or japanese, subbed or dubbed. I _would_ buy the tapes if I
_could_. But I can't without resorting to ordering from Japan/US,
dealing with customs hassles etc. Simply too costly for a student.
Therefore I view copying otherwise unavailable/hard to get items as morally
sound activities.
=========================================================================
1 Y   This is how new anime fans are brought in
2 Y   Commercial product might be inferior to fan-product
3 Y   This is how anime fandom grew in the 80s
4 Y   Same as #3, US licensing does not apply to Japanese editions
=========================================================================



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