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Downloading laws...

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Downloading laws...

Postby argswmtk » Tue 09.16.2008 8:55 am

Hi everyone. I hope this isn't a taboo topic.

I was interested in backing up any movies or music that I acquire in Japan by downloading a copy. You know what I mean.

What are the laws in Japan with regards to using micro torrent or the like?

Any personal experience?

You can post here or reply to my email address.

Thank you.
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Re: Downloading laws...

Postby chikara » Tue 09.16.2008 8:07 pm

argswmtk wrote:.... I was interested in backing up any movies or music that I acquire in Japan by downloading a copy. You know what I mean.

What are the laws in Japan with regards to using micro torrent or the like?....

I don't know of any country that has specific "downloading laws". The copyright of the material you are intending to download is the issue. I would assume that any movies or music that you acquire legally in Japan are covered by copyright. I assume by your "you know what I mean" that it is your intent to download material which is in breach of copyright.

This Wikipedia article is on Japanese Copyright Law
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Re: Downloading laws...

Postby coco » Wed 09.17.2008 12:06 am

If you don't get any permission from the copyright holders, to upload the contents is an infringement of copyright laws. It is beyond the scope of "private use".

There are some people who were arrested for the violation of "Rights of public transmission(著作権法23条,「公衆送信権」の侵害)". Some people were arrested because they have released contents, such as TV anime, maps, music data and games, through P2P. Others were arrested because they illegally uploaded contents on their own websites.

The current copyright laws in Japan don't have regulations for downloading illegal contents. Only people who uploaded content illegally get penalized. However, Agency for Cultural Affairs is working for a revision of copyright laws.
The draft says :
The action to download illegal contents, such as a copyright violation, into your computer will deserve a copyright violation.

Of course some experts oppose this revision.

They will submit this legislation when a draft of ”Private copying levy” for "iPod" and HDD recorder is settled. (They tried to submit it to regular Diet in this year, but failed because industry groups didn't agree on private copying levy.)

Please read this web site.
http://www.cric.or.jp/cric_e/index.html
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Re: Downloading laws...

Postby AJBryant » Wed 09.17.2008 5:20 am

If you want to back up a legitimately bought movie or CD, then just back the bloody thing up. "Downloading" is irrelevant to "backing up."


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Re: Downloading laws...

Postby tōkai devotee » Wed 09.17.2008 5:23 am

What about 'backing up" a rented DVD or CD?
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Re: Downloading laws...

Postby two_heads_talking » Wed 09.17.2008 8:08 am

tokai devotee wrote:What about 'backing up" a rented DVD or CD?


backing up a rented Dvd or CD is in violation of the Law.. Please reread the FBI warning the next time you watch a DVD.. It's very specific
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Re: Downloading laws...

Postby Harisenbon » Wed 09.17.2008 9:11 pm

two_heads_talking wrote:backing up a rented Dvd or CD is in violation of the Law.. Please reread the FBI warning the next time you watch a DVD.. It's very specific


I don't think they have the FBI in Australia */snark* :)
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Re: Downloading laws...

Postby chikara » Wed 09.17.2008 9:14 pm

two_heads_talking wrote:
tokai devotee wrote:What about 'backing up" a rented DVD or CD?


backing up a rented Dvd or CD is in violation of the Law.. Please reread the FBI warning the next time you watch a DVD.. It's very specific

tokai devotee-san and I don't get FBI warnings on our DVD's :P

But yes, "backing up" is simply used as a euphemism for "copying" which is usually a breach of copyright. Why would anyone need to make a backup of something that they have only rented?
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Re: Downloading laws...

Postby tōkai devotee » Thu 09.18.2008 2:53 am

chikara wrote: Why would anyone need to make a backup of something that they have only rented?



Indeed. But somehow, everyone seems to do it. Well, maybe not absolutely everyone. I don't for one. But I know plenty of people who copy rental DVD's using illegally copied computer programs, and they think it's perfectly ok, like it's their right or something.
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Re: Downloading laws...

Postby two_heads_talking » Thu 09.18.2008 9:16 am

tokai devotee wrote:
Indeed. But somehow, everyone seems to do it. Well, maybe not absolutely everyone. I don't for one. But I know plenty of people who copy rental DVD's using illegally copied computer programs, and they think it's perfectly ok, like it's their right or something.


They do it because they are too cheap to purchase the legitimate copy.. A 5 dollar rental copied vs a 15-20 dollar legitmate copy.. It's not like they need to rationalize it any more than that. I have friends that do it too. And I pester them about it everytime they do.. :mrgreen:
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Re: Downloading laws...

Postby AJBryant » Thu 09.18.2008 8:28 pm

Well, I'll tellya.

If Japanese companies wouldn't screw their customers with the insanely high cost of DVDs and CDs, I think there'd be less illicit copying. One season of Ikebukuro West Gate Park (IWGP), for example, is ¥23,900 (and "only" ¥18,000 if bought from Amazon.co.jp!). That's six DVDs.

I just bought a boxed set of the COMPLETE run of Stargate SG1 from Amazon. The original list price for THAT was the same as IWGP -- $239. But it was on Amazon, so I paid $147, way *less* than the "discounted" IWGP.

But consider this.

IWGP -- six discs, 11 or 12 episodes.
Stargate SG1 complete series: FIFTY FOUR DISCS. Yeah. 54.

Normally, one season of SG1 goes for $25. Twenty two episodes. All for $25, vs. $180 for the Japanese series.

That's insane.


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Re: Downloading laws...

Postby chikara » Thu 09.18.2008 8:47 pm

AJBryant wrote:.... If Japanese companies wouldn't screw their customers with the insanely high cost of DVDs and CDs, I think there'd be less illicit copying. ....

We have had the same argument going on in this country about the cost of music CD's. It is cheaper for me to buy a lot of music CD's from the USA including shipping than to buy them at the local mall. Same goes for books but not a lot of people are photocopying entire books these days.
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Re: Downloading laws...

Postby clay » Thu 09.18.2008 9:26 pm

I think the prices have come down a little,* but more competition is needed. I bet with all the 100 yen DVDs (public domain stuff), people here have realized a DVD doesn't have to cost big bucks.

One good thing for Japanese learners is many new texts come with a 'free' (no such thing as a free lunch) CD. Often these revised textbooks with CDs are cheaper than the previous version's tape was alone. Old timers may remember buying textbooks that had adverts for 'Tapes sold separately' on the flap. Those tapes were always at least 5,000 yen.

It is kind of like an argument for lowering taxes--the rich (the consumer) won't spend as much time and effort avoiding paying. If only the Japanese DVD makers would consider the world-wide incentive created by a lower price.

* I admit it... I paid 8,000 yen or so for the two-tape set of Titanic when it came out... Kind of hazukashii, but true.
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Re: Downloading laws...

Postby Harisenbon » Thu 09.18.2008 9:28 pm

AJBryant wrote:Normally, one season of SG1 goes for $25. Twenty two episodes. All for $25, vs. $180 for the Japanese series.


I think the reason they do cost so much is that DVD purchases of TV shows are still seen as a niche market in Japan. Especially for TV show box sets and what not. Most people I know will rent the whole show, watch it once and then return it. The only people I know who buy entire series are those who are completely obsessed (such as the whole yon-sama thing) or are crazy otaku geeks. Of course, this may just be indicative of who I hang out with. *laugh*

Movies on the other hand... I can get most new movies here for around 2000 yen, and if I wait a little while they can go down as low as 1200 for a fairly recent movie.
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