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myOtaku.com: CosmicSailor
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Monday, November 14, 2005
Funimation: Morals or Law?
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DISCLAIMER: I am neither an attorney nor the agent of one, so the findings posted herein are subjective, and opinion only. Though based on factual legal information provided from various subparts and chapters of Title 17 of the United States Code, what I present is in no way a binding legal argument. While disagreements are expected, please do not address your arguments toward me, I can not be held liable for an openly disclosed opinion statement. I have paraphrased and reworded the complex legal language also, to make it easier to understand.
Okay everyone, here's what I found after going over Title 17 with regard to Funimation Versus Akadot. Now, I don't like this any more than many of you, indeed it bothers me quite a bit, but legally, Funimation is right. Importing "sound recordings or phonorecords" for distribution is infringing on the exclusive distribution rights. Now, it is not illegal to import "sound recordings or phonorecords" for private use by the importer, but distributors can not import said items for "commercial gain."
With that in mind, Funimation has the moral obligation to back up their claim of "exercising exclusive distribution rights" by targeting all retailers selling those imports (personal auctions do not count, an individual has the right to dispose of their copy of a sound recording or phonorecord by sale of said item without the permission of the copyright holder, or any distribution rights holder) as well as those retailers engaged in the practice of marketing and selling known illegal, pirated materials. Going after one retailer is not a smart business move, nor is it responsible legal practice, considering they've driven more people to purchasing illegal bootlegs of the legally produced albums they forced Akadot to remove from their web site.
Since Funimation has made no indication of ever offering those soundtracks independantly of the box sets, I will have to find a way to purchase legit copies for my own use (As is allowed in Chapter 6 of Title 17) from a reputable overseas vendor.
Like I said before, I don't like it, but it is what I found. I'll keep looking to see if I may have missed something, but I'd advise no one to get their hopes up.
Anime Dreams
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