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Nele Noppe

Comic Market: How the World's Biggest Amateur Comic Fair Shaped Japanese Dōji... - 0 views

  • the world's largest regular gathering of comic fans today is Tokyo's biannual Comic Market
  • dōjinshi phenomenon did not start with Comic Market, Comike and dōjinshi are inextricably linked, having shaped each other's history for three decades.
  • Comike convention has shaped the most important trends defining the development of dōjinshi in Japan today
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  • In 1975, a woman who had made critical remarks about the Manga Taikai was excluded from that convention, and [End Page 234] subsequently a firestorm of anger among fans produced a movement against the Manga Taikai led by the famous circle Meikyū (Labyrinth), which resulted in the conception of a new alternative convention. On December 21, 1975, the first Comic Market—"a fan event from fans for fans"—was held in Tokyo.6
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  • Comike's underlying vision was of an open and unrestricted dōjinshi fair, offering a marketplace without limitations on content or access.
  • With the advent of these fan-consumers (as opposed to fan-creators), dōjinshi became demand-driven publications. Greater competition gradually fostered rising standards of quality, which in turn attracted more circles and buyers. Higher sales shrank production costs and boosted profits, which could then be reinvested in the dōjinshi themselves. Small printing companies, many of which had begun in the minikomi (microcommunication) boom of the early 1970s, were able to use the profits derived from greater demand for their services to modernize their equipment, lowering production costs further and enabling them to construct their production schedules around each Comike.8 Additionally, lower printing costs freed smaller groups from the dependence on bigger groups, which often had strict rules on content and style to avoid conflict among their many members. Having lost their raison d'être, these big clubs and circles gradually faded away, leaving dōjinshi creators to produce stories they liked, in the manner they liked.9
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  • aniparo parodied popular anime series, and in doing so, attracted a new type of fan to Comike, beyond its core group of 2000 or so attendees. These were female fans, mostly middle and high school students strongly influenced by the 1970s florescence of shōjo manga. They began to create and consume dōjinshi in which the (bishōnen or "pretty boy") male protagonists of popular anime and manga were transposed into a very particular sort of erotic story typified by the phrase: "without tension" (yama nashi), "without punchline" (ochi nashi), and "without meaning" (imi nashi)—and hence the contemporary genre title, yaoi.10
  • The eleventh Comic Market in spring 1979 saw the popularity of the cute and pure bishōjo or "pretty girl" (strongly influenced by 1970s shōjo manga) skyrocket among men's dōjinshi circles, attracting many new male participants.
  • The Comic Market was dominated by women from the beginning (90 percent of its first participants were female), but in 1981, thanks to lolicon, male participants numbered the same as female participants for the first time in Comike's history.13
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  • Internal conflicts on the Comike planning committee underlay some of these developments: they marked the ascendancy of the faction led by Yonezawa Yoshihiro, who favored Comike's unlimited expansion.15 Though he was criticized for purportedly selling dōjinshi out to commercialism, Yonezawa couched his plans for Comike in terms of a collective organization of the convention by all participants, including staff, circles, and visitors.16 Whatever the underlying reality, these public principles remain little changed today.17
  • Faced with this loss of identity, talent, and space, every other large fan convention except Comike dissolved. Yaoi Boom But in the middle of the decade, one manga and its anime not only saved dōjinshi fandom from near extinction but was responsible for its biggest boom yet. Takahashi Yōichi's Captain Tsubasa (1981–88, Kyaputen tsubasa),
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  • New dōjinshi conventions appeared, and manga shops began selling dōjinshi on commission. Comparatively lush, custom-made, oversized dōjinshi with more than one hundred pages became common, and popular circles could now live on their fanworks' profits
  • professional creators like Toriyama Akira of Dragonball fame participating,
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  • Despite the self-censorship brought on by the mass media's criticism, Comike nevertheless continued to thrive. Young men tired of new, tighter restrictions on professional manga turned to Comike, and attendance once again swelled to 230,000 in the summer of 1990.23 Hardcore lolicon was now passé, and erotic dōjinshi for men had greatly changed. New genres were introduced with such aspects as fetishism and a new style of softcore eroticism enjoyed by men and women alike; in particular, yuri (lily), or lesbian stories, emerged.24Dōjinshi also became smaller and shorter due to professional publishers recruiting talented dōjinshi creators en masse: the bulk of dōjinshi were the works of the less talented creators left behind.25
  • Other factors contributing to the increased interest in dōjinshi and in fanworks were the development of fixed otaku landmarks and the spread of computers. Almost everyone could now afford to make digital dōjinshi as well as audiovisual or even interactive dōjinshi (i.e. dōjin music and dōjin games).
  • The personal technology revolution meant [End Page 239] simplification of fanworks' production processes as well as completely new possibilities for communication and new digital genres. With the growth of dōjinshi in other media, the term "dōjin products" (dōjin seihin) has gradually come into use to describe fanworks of all genres.
  • Further, the conversion of Tokyo's Akihabara "Electric Town" into a district full of shops selling otaku-related goods, as well as the nationwide expansion of otaku-goods retailers and the establishment of Internet communities and message boards in the late 1990s, enabled otaku to live out their interests and to communicate nonstop with like-minded people everywhere. Their interests and culture were easily shared, and consequently information on Comic Market and dōjin culture spread around the world.
  • The rise of the Internet also meant that Comike lost its monopoly as the center of otaku and dōjinshi culture. Nevertheless, Comike remained the most important event for Japanese fans, especially after companies with otaku-related products started to exploit it.28 Firms had been interested in Comic Market for decades as a never-ending pool of promising new talent and as a place to exploit them commercially, and they were willing to pay much money for direct access to these masses of otaku.29 Starting with NEC in the summer of 1995, companies were granted exhibition space to market or to sell their newest products. This was the birth of the dealer booth at Comike, and, as with dōjinshi circles, the number of applicant companies was much higher than that of available spaces: a self-sustaining event with such high attendance was too important for any related company to ignore.30 Companies accepted the existence of unlicensed parody dōjinshi using copyrighted material (albeit in a transformative and thus arguably fair-use manner) since they could now sell exclusive goods at Comike (Figure 3) or use it as a marketing place, attracting to the convention people who were not interested in dōjinshi.
  • In the summer of 2004, 5 percent of all circles participating in Comike were headed by a professional mangaka or illustrator, while another 10 percent had some professional experience.
  • Despite its relative newness, Higurashi became one of Japan's biggest media phenomena, and at the seventy-sixth Comic Market in summer 2009, Tōhō Project became the first dōjin title ever to receive the honor of being considered its own genre.
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  • It seems that dōjinshi circles are not switching entirely to the Internet but rather are using it as an informational and marketing platform for themselves and their creations, spreading the knowledge of and fascination with Comic Market to new spheres.
  • With high attendance, positive media attention, and industry support, Comike's position seems invulnerable. Even the deaths of important figures such as Iwata Tsuguo in 2004 and Yonezawa Yoshihiro—who was the face of Comike for decades—in 2006 did not harm its position. But unresolved problems, such as the use of copyrighted material in parody dōjinshi and the child pornography questions inherent in lolicon and shotakon, remain.
  • Comike was neither the first nor the biggest dōjinshi fair when it was established; its main purpose was to provide the freest market possible, and that freedom has come at a price. The dream of a Comic Market open to every one and everything was never realized, as there were too many physical, financial, and legal restrictions. Even today, the Comic Market suffers from a lack of space, a lack of money, and a lack of legal security. Only two-thirds of applicant circles can participate due to constraints, since, as a small independent operator Comike's financial resources are limited and most of the work is done by volunteers.
  • s the center of attention, with its size and its links to the industry, it is undeniable that Comike possesses the power and the means to influence social, market, and even political developments. In [End Page 244]
  • recent years it has not been reluctant to use this power. Whether through conferences on copyright issues or on the establishment of a "National dōjinshi fair liaison group" (Zenkoku dōjinshi sokubaikai renrakukai) in 2000, it has taken on the responsibility of representing and of regulating Japanese dōjinshi culture.
Nele Noppe

Drexel CoAS E-Learning: Happy Accidents: A Must-Read for Open Scientists - 0 views

  • In Happy Accidents: Serendipity in Modern Medical Breakthroughs; When Scientists Find What They're NOT Looking for, Morton Meyers reviews examples of the unpredictability of scientific progress.
  • A quote from the preface foreshadows the tone of the book:The dominant convention of all scientific writing is to present discoveries as rationally driven and to let the facts speak for themselves. This humble ideal has succeeded in making scientists look as if they never make errors, that they straightforwardly answer every question they investigate. It banishes any hint of blunders and surprises along the way. Consequently, not only the general public but the scientific community itself is unaware of the vast role of serendipity in medical research.
  • A quote from the preface foreshadows the tone of the book:The dominant convention of all scientific writing is to present discoveries as rationally driven and to let the facts speak for themselves. This humble ideal has succeeded in making scientists look as if they never make errors, that they straightforwardly answer every question they investigate. It banishes any hint of blunders and surprises along the way. Consequently, not only the general public but the scientific community itself is unaware of the vast role of serendipity in medical research
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  • The dominant convention of all scientific writing is to present discoveries as rationally driven and to let the facts speak for themselves. This humble ideal has succeeded in making scientists look as if they never make errors, that they straightforwardly answer every question they investigate. It banishes any hint of blunders and surprises along the way
  • The dominant convention of all scientific writing is to present discoveries as rationally driven and to let the facts speak for themselves. This humble ideal has succeeded in making scientists look as if they never make errors, that they straightforwardly answer every question they investigate. It banishes any hint of blunders and surprises along the way.
  • An applicant for a research grant is expected to have a clearly defined program for a period of three to five years. Implicit is the assumption that nothing unforeseen will be discovered during that time and, even if something were, it would not cause distraction from the approved line of research. Yet the reality is that many medical discoveries were made by researchers working on the basis of a fallacious hypothesis that led them down an unexpected fortuitous path.
  • The fact that some of us in the Open Science community are discussing this does not mean that we are advocating for the abolition of peer review or the NIH. We are not that naive. We still submit proposals and manuscripts for publication in peer-reviewed journals (although given a choice we probably would pick an Open Access journal over one running on a paid subscription model).The point is what we do in addition to all those traditional processes.
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    The dominant convention of all scientific writing is to present discoveries as rationally driven and to let the facts speak for themselves. This humble ideal has succeeded in making scientists look as if they never make errors, that they straightforwardly answer every question they investigate. It banishes any hint of blunders and surprises along the way
Nele Noppe

Ian Bogost - Against Aca-Fandom - 1 views

  • But for the academic critic, I think the stakes are higher. One can like or dislike something, but we scholars, particularly of popular media, have a special obligation to explain something new about the works we discuss. There are plenty of fans of The Wire and Mad Men and Halo and World of Warcraft out there. The world doesn't really need any more of them. What it does need is skeptics, and the scholarly role is fundamentally one of skepticism.
  • While media scholars do not solely write about what we like, the prevalence of books focused on "quality television" shows that appeal to academics like Buffy the Vampire Slayer, The Sopranos, and now Mad Men—especially when compared to the lack of similar volumes or essays about more lowbrow or mainstream programs—suggests that taste is often more of a motivating factor for our scholarship than we admit. We should own up to our own fannish (or anti-fannish) tendencies regarding our objects of study, not regarding fan practices as something wholly separate from our academic endeavors by acknowledging how taste structures what we choose to write about. I'd push it further: the media scholar ought to resist aca-fandom, even as he or she embraces it. The fact that something feels pleasurable or enjoyable or good (or bad) need not be rejected, of course, but it ought to issue an itch, a discomfort. As media scholars, we ought to have self-doubt about the quality and benefit of the work we study. We ought to perform that hesitance often and in public, in order to weave a more complex web around media—not just to praise or blame particular works.
  • In this regard, I disagree with Jason when he says that "humanities scholars don't typically brand ourselves as fans of our objects of research." I think this is just plain wrong, and not just for pop-culture scholars. More often than not, humanists in general get into what they do precisely because they are head-over-heels in love with it, whether "it" be television, videogames, Shakespeare, Martin Heidegger, the medieval chanson de geste, the Greek lyric poem, or whatever else. Specialty humanities conferences are just fan conventions with more strangely-dressed attendees. Humanists are doe-eyed romantics, even as they are also snarly grouches.
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  • Embracing aca-fandom is a bad idea. Not because it's immoral or crude, but because it's too great a temptation. Those of us who make an enviable living being champions of media, particularly popular media, must also remain dissatisfied with them. We ought to challenge not only ourselves, our colleagues, and our students—but also the public and the creators of our chosen media. We ought not to be satisfied. That's the price of getting to make a living studying television, or videogames, or even Shakespeare.
Nele Noppe

Electronic Literature: What is it? - 0 views

  • the practices, texts, procedures, and processual nature of electronic literature require new critical models and new ways of playing and interpreting the works.
  • "literature" has always been a contested category.
  • To see electronic literature only through the lens of print is, in a significant sense, not to see it at all.
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  • Electronic literature, generally considered to exclude print literature that has been digitized, is by contrast "digital born," a first-generation digital object created on a computer and (usually) meant to be read on a computer
  • At the same time, because electronic literature is normally created and performed within a context of networked and programmable media, it is also informed by the powerhouses of contemporary culture, particularly computer games, films, animations, digital arts, graphic design, and electronic visual culture
  • Digital technologies are now so thoroughly integrated with commercial printing processes that print is more properly considered a particular output form of electronic text than an entirely separate medium. Nevertheless, electronic text remains distinct from print in that it literally cannot be accessed until it is performed by properly executed code
  • immediacy of code to the text's performance is fundamental to understanding electronic literature, especially to appreciating its specificity as a literary and technical production
  • How to maintain such conventional narrative devices as rising tension, conflict, and denouement in interactive forms where the user determines sequence continues to pose formidable problems for writers of electronic literature, especially narrative fiction.
  • . "Giving the audience access to the raw materials of creation runs the risk of undermining the narrative experience," she writes, while still acknowledging that "calling attention to the process of creation can also enhance the narrative involvement by inviting readers/viewers to imagine themselves in the place of the creator.
  • Hypertext fiction, network fiction, interactive fiction, locative narratives, installation pieces, "codework," generative art and the Flash poem are by no means an exhaustive inventory of the forms of electronic literature, but they are sufficient to illustrate the diversity of the field, the complex relations that emerge between print and electronic literature, and the wide spectrum of aesthetic strategies that digital literature employs
  • . Such close critical attention requires new modes of analysis and new ways of teaching, interpreting, and playing. Most crucial, perhaps, is the necessity to "think digital," that is, to attend to the specificity of networked and programmable media while still drawing on the rich traditions of print literature and criticism.
  • One problem with identifying the hyperlink as electronic literature's distinguishing characteristic was that print texts had long also employed analogous technology in such apparati as footnotes, endnotes, cross-reference, and so on, undermining the claim that the technology was completely novel. Perhaps a more serious problem, however, was the association of the hyperlink with the empowerment of the reader/user. As a number of critics have pointed out, notably Espen J. Aarseth, the reader/user can only follow the links that the author has already scripted.
  • ergodic literature
  • The shortcomings of importing theoretical assumptions developed in the context of print into analyses of electronic media were vividly brought to light by Espen J. Aarseth's important book Cybertext: Explorations of Ergodic Literature.
  • ," texts in which "nontrivial effort is required to allow the reader to traverse the text"
  • The deepest and most provocative for electronic literature is the fifth principle of "transcoding," by which Manovich means the importation of ideas, artifacts, and presuppositions from the "cultural layer" to the "computer layer" (46).
  • arguing that print texts also use markup language, for example, paragraphing, italics, indentation, line breaks and so forth.
  • Complementing studies focusing on the materiality of digital media are analyses that consider the embodied cultural, social, and ideological contexts in which computation takes place.
  • electronic literature can be seen as a cultural force helping to shape subjectivity in an era when networked and programmable media are catalyzing cultural, political, and economic changes with unprecedented speed.
  • Liu urges a coalition between the "cool" — designers, graphic artists, programmers, and other workers within the knowledge industry — and the traditional humanities, suggesting that both camps possess assets essential to cope with the complexities of the commercial interests that currently determine many aspects of how people live their everyday lives in developed societies.
  • The Laws of Cool: Knowledge Work and the Culture of Information
  • Realizing this broader possibility requires that we understand electronic literature not only as an artistic practice (though it is that, of course), but also as a site for negotiations between diverse constituencies and different kinds of expertise.
  •  
    Hayles
Nele Noppe

How doujinshi will take over the world (or not) - 0 views

  • First, doujinshi are not commercial products, and this is one of the most important distinctions that allows its very existence. 
  • Many doujinshi conventions (Comiket included) require doujin circles to provide print run information, and enforces a cap.  Quite simply, there aren’t enough books to export en mass. 
  • This is also why doujinshi has continued to grow while other media like manga, anime, and music have suffered with the advent of peer to peer trading on the internet…the doujinshi market is a collector’s market, where the physical book itself is highly valued
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  • that’s not to say that doujinshi isn’t profitable…a few artists never “go pro” because they make quite a healthy living on their doujinshi,
  • The much better road for the American manga industry and fans to take is not to import doujinshi, but to import the doujinshi ideal and ethics, and foster a domestic doujinshi community of our own.  This road is beset by its own share of hurdles, though, and they have very deep roots.
  • While fanzines and fanfiction have been around in the U.S., we have nothing even close to the doujinshi scene in Japan, because of American corporate mentality which values “perpetual properties” instead of new creations, and these properties are guarded visciously.
  • in America properties are created and owned by the corporation.
  • They simply have no reason to support budding artists in such a way, when their raison detre are still characters created decades ago.  Fan comics are not seen as extending the life of a property, but as competition. 
  • The truth is a significant portion of Japanese doujinshi are erotic works, many based on children’s shows.  It isn’t hard to imagine the kind of moral outrage most doujinshi would illicit. 
  • American manga companies need to take a hard look at doujinshi in Japan and understand its benefits, and readers and artists should take a stand because this is an opportunity for the status of the creator to take precedence over the corporation.
Nele Noppe

Japan, Ink: Inside the Manga Industrial Complex - 0 views

  • Manga sales in the US have tripled in the past four years.
  • Europe has caught the bug, too. In the United Kingdom, the Catholic Church is using manga to recruit new priests. One British publisher, in an effort to hippify a national franchise, has begun issuing manga versions of Shakespeare's plays, including a Romeo and Juliet that reimagines the Montagues and Capulets as rival yakuza families in Tokyo.
  • Circulation of the country's weekly comic magazines, the essential entry point for any manga series, has fallen by about half over the last decade.
    • Nele Noppe
       
      malaise in commerciële industrie
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  • Fans and critics complain that manga — which emerged in the years after World War II as an edgy, uniquely Japanese art form — has become as homogenized and risk-averse as the limpest Hollywood blockbuster.
    • Nele Noppe
       
      belang zelfexpressie, vrijheid in dojinshi
  • The place is pulsing with possibility, full of inspired creators, ravenous fans, and wads of yen changing hands. It represents a dynamic force
  • future business model of music, movies, and media of every kind.
  • Nearly every aspect of cultural production — which is now Japan's most influential export — is rooted in manga.
  • Comics occupy the center, feeding the rest of the media system.
  • About 90 percent of the material for sale — how to put this — borrows liberally from existing works.
  • Japanese copyright law is just as restrictive as its American cousin, if not more so.
  • known as "circles" even if they have only one member
  • by day's end, some 300,000 books sold in cash transactions totaling more than $1 million
  • "This is something that satisfies the fans," Ichikawa said. "The publishers understand that this does not diminish the sales of the original product but may increase them.
  • the manga industrial complex is ignoring a law designed to protect its own commercial interests.
  • "unspoken, implicit agreement."
  • "The dojinshi are creating a market base, and that market base is naturally drawn to the original work," he said. Then, gesturing to the convention floor, he added, "This is where we're finding the next generation of authors.
  • They tacitly agree not to go too far — to produce work only in limited editions and to avoid selling so many copies that they risk cannibalizing the market for original works.
  • It's also a business model
  • He opened Mandarake 27 years ago, well before the dojinshi markets began growing more popular — in part to provide another sales channel for the work coming out of them. At first, publishers were none too pleased with his new venture. "You think I didn't hear from them?" he tells me in a company conference room. But in the past five years, he says, as the scale and reach of the markets has expanded, the publishers' attitude "has changed 180 degrees." It's all a matter of business, he says.
  • triangle. "You have the authors up there at this tiny little tip at the top. And at the bottom," he says, drawing a line just above the widening base of the triangle, "you have the readers. The dojin artists are the ones connecting them in the middle."
  • The dojinshi devotees are manga's fiercest fans.
  • provides publishers with extremely cheap market research
  • As recently as a decade ago, he told me, creators of popular commercial works sometimes cracked down on their dojinshi counterparts at Super Comic City. "But these days," he said, "you don't really hear about that many publishers stopping them."
  • Intellectual property laws were crafted for a read-only culture.
  • the copyright winds in the US have been blowing in the opposite direction — toward longer and stricter protections. It is hard to imagine Hollywood, Nashville, and New York agreeing to scale back legal protection in order to release the creative impulses of super-empowered fans, when the gains from doing so are for now only theoretical.
  • mutually assured destruction. What that accommodation lacks in legal clarity, it makes up for in commercial pragmatism.
Nele Noppe

Of Otakus and Fansubs - 0 views

  • hindrances in a digital world that copyright laws pose for creative works that, while technically infringing, should perhaps be valued and allowed.6 Certain features of digital technologies and the internet,7 according to Lessig, can permit greater restrictions on remix than were allowed in the past.8
  • hindrances in a digital world that copyright laws pose for creative works that, while technically infringing, should perhaps be valued and allowed.6 Certain features of digital technologies and the internet,7 according to Lessig, can permit greater restrictions on remix than were allowed in the past.8
  • Lessig and other legal scholars such as Mehra have pointed to dojinshi in Japan as an example of how permitting more “remix” can contribute to a vibrant cultural industry.
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  • some artists make a living off producing dojinshi.
  • In the west, fans of anime, the term for Japanese animation, behave much like fans of Star Wars and Star Trek: they “remix” the characters and ideas from the stories they watch.
  • Trekkies or Star Wars fans do the same activities as otaku, but one practice sets anime fans apart from other avid fans: fansubs.
  • Manga also has its own form of fansubs called scanlations
  • Fansubs and scanlations don’t quite match the “traditional” forms of remix that Lessig and others mention. They do not create a “new” work in the same sense as dojinshi, fan films, or AMVs because their aim is to remain faithful to the original work.
  • Fansubs as a cultural product sit at an interesting boundary—between the dojinshi-like fan culture that authors such as Lessig want to encourage and the massive online file trading so vilified by the recording and motion picture industries.
  • examines the anime industry’s unique relationship with fansubbers in the context of the suggestion that it represents a new policy model for online copyright.
  • Section 7 concludes by stating that it is too soon to claim the anime industry as a victory for alternative business models incorporating what most would think of as widespread copyright infringement.
  • Otaku create fansubs because they love anime—in fact, most love all things Japanese.
  • Fansubs predate BitTorrent, broadband, the dotcom boom and bust, and even the World Wide Web.
  • Fansubbers distributed or traded the finished videocassette tapes to others, but because of the time and cost involved of mailing out a physical medium, distribution was limited.
  • At one time fansubs were virtually the only way that fans could watch (and understand) anime.
  • But as with the music industry, the benefits of digital technology and the internet brought problems.46 Fansubbers started to take advantage of faster computers that allowed them to subtitle anime without the need for expensive, specialized equipment.47 This made it easier for more people to fansub because of the lower cost barriers to becoming a fansubber. The internet also meant that fans could meet from around the world, thus making it more likely that fansub groups would form. Today, groups now make digital video files instead of videocassettes.
  • Fansubbed videocassettes offered a poor quality picture and sound that encouraged fans to buy the licensed product when it came out and also limited the number of copies that could be made from a single original cassette (or from 2nd and 3rd generation cassettes).49 Digisubs offer a quality comparable to official (DVD) releases and the ability to make limitless copies.
  • Fansubbers then “release” their fansubs to fans. Distribution happens through all of the regular internet channels, including p2p services (Kazaa, eMule, etc), BitTorrent, IRC, and newsgroups.
  • Lessig essentially asks the question, “Do our laws stifle creativity and sharing to the point where it harms society?”78 Some point to fansubs and anime as part of the answer to this question—when a company allows some illegal activity it actually benefits.
  • Unfortunately for fansubbers, copyright law does not condone their activities.80 International copyright treaties such as the Berne Convention, state that its signatories (such as the United States and Japan) should grant authors the exclusive right to translation.
  • copyright law construes translations as “derivative works”.82 Derivative works are any work “based upon one or more preexisting works.
  • Within Japan, fansubs could potentially be within the law because the Japanese take a more relaxed attitude towards some aspects of copyright law and include private use and non-profit exceptions into their law.
  • The Japanese legal system may also, as a practical matter, discourage litigation towards fansub groups within Japan,
  • For infringements outside of Japan, it is no small wonder that Japanese companies do not bother with the expense of enforcing a right against a group whose infringement affects a distant market with a different legal system.
  • In his article regarding selective copyright enforcement and fansubs, Kirkpatrick argues for a fair use defense under U.S. law for fansub activities based on the cross-cultural value of translations, the non-commercial nature of fansub groups, and the potential market enhancement for the original work.
  • The fact remains that fansubs may create a preferable product for otaku—thus decreasing any market enhancement arguments.
  • One wonders what could be easier than a few clicks of the mouse and a few hours (or less) wait for a file to download, for free. Many video files deliver comparable picture quality and fandubs do exist.
  • Regardless of any potential defense, the law sufficiently tilts towards copyright holders so that they can easily use the threat of suit as enforcement.
  • The sheer cost of defending a copyright suit makes for a powerful incentive for fansubbers to settle, especially since fansubbers make no money from their activities and are unlikely to have any assets.
Nele Noppe

Learning From Culture Pirates - 0 views

  • The history of publishing is swimming with pirates—far more than Adrian Johns expected when he started hunting through the archives for them. And he thinks their stories may hold keys to understanding the latest battles over digital publishing—and the future of the book.
  • Along with the practice itself, "pirates" in publishing just keep resurfacing, and Johns argues that the label is no accident. He sees it as the pirates' attempt to evoke romantic notions of seafaring swashbucklers. Sure, the copying done by culture pirates may be technically illegal, but they have long claimed the moral high ground, arguing that they are not petty thieves, but principled heroes rightfully returning creative work to a public commons by making free or cheap copies available.
  • The weighty work, more than 550 pages, covers hundreds of years of history of copyright and intellectual property in the West, focusing on the stories of those angling to disrupt prevailing practices.
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  • If we listen to those pirates of old, we'll learn that there is nothing sacred or natural about our basic ideas of intellectual property, he argues, characterizing those notions as imperfect conventions formed in and by the Industrial Revolution. In fact, he suggests, it may be time to cast our models of patents and copyright overboard.
  • This nemesis is a shadowy collective rather than a person. Johns calls it "the intellectual-property defense industry," and says it emerged in the 1970s or so, in the form of trade associations and entities like the Interpol Intellectual Property Action Group. He sees these groups as remarkable in that they bring together ex-military and police officials, surveillance techniques, and data-scrambling to try to stamp out piracy and in some cases to limit reform, in unprecedented ways. "One could certainly track, and perhaps account for, the increasing consistency of intellectual property in the age of globalization by following this expansion of its practical enforcement across new regions and realms," Johns writes in Piracy.
  • No piracy, we might say, no Enlightenment.
  • Maybe copyright and patents should be scrapped, and whole new categories of intellectual property created. One category could be for mechanical inventions, one for genetics and other life sciences, one for analog creative works, one for digital books and movies. Or some other mix-and-match. "We might have a system of classification that would have more basic entities but might practically be a lot simpler, because it would correspond to existing ways of carrying on in the world," he says.
Nele Noppe

The Surprising History of Copyright and The Promise of a Post-Copyright World - 0 views

  • copyright was never primarily about paying artists for their work, and that far from being designed to support creators, copyright was designed by and for distributors — that is, publishers, which today includes record companies.
  • For three centuries, the publishing industry has been working very hard to obscure copyright's true origins, and to promote the myth that it was invented by writers and artists.
  • make sure the public never asks exactly who this system is meant to help.
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  • They're fighting to maintain a state of mind, an attitude toward creative work that says someone ought to own products of the mind, and control who can copy them. And by positioning the issue as a contest between the Beleaguered Artist, who supposedly needs copyright to pay the rent, and The Unthinking Masses, who would rather copy a song or a story off the Internet than pay a fair price, the industry has been astonishingly successful. They have managed to substitute the loaded terms "piracy" and "theft" for the more accurate "copying" — as if there were no difference between stealing your bicycle (now you have no bicycle) and copying your song (now we both have it).
  • Copyright is an outgrowth of the privatization of government censorship in sixteenth-century England. There was no uprising of authors suddenly demanding the right to prevent other people from copying their works; far from viewing copying as theft, authors generally regarded it as flattery. The bulk of creative work has always depended, then and now, on a diversity of funding sources: commissions, teaching jobs, grants or stipends, patronage, etc. The introduction of copyright did not change this situation. What it did was allow a particular business model — mass pressings with centralized distribution — to make a few lucky works available to a wider audience, at considerable profit to the distributors.
  • For the vast majority of artists, copyright brings no economic benefits. True, there are a few stars — some quite talented — whose works are backed by the industry; these receive the lion's share of distribution investment, and generate a correspondingly greater profit, which is shared with the artist on better than usual terms because the artist's negotiating position is stronger. Not coincidentally, these stars are who the industry always holds up as examples of the benefits of copyright.
  • The first copyright law was a censorship law.
  • The method the government chose was to establish a guild of private-sector censors, the London Company of Stationers, whose profits would depend on how well they performed their function. The Stationers were granted a royal monopoly over all printing in England, old works as well as new, in return for keeping a strict eye on what was printed.
  • The system was quite openly designed to serve booksellers and the government, not authors. New books were entered in the Company's Register under a Company member's name, not the author's name. By convention, the member who registered the entry held the "copyright", the exclusive right to publish that book
  • The Stationers' right was a new right, though one based on a long tradition of granting monopolies to guilds as a means of control. Before this moment, copyright — that is, a privately held, generic right to prevent others from copying — did not exist.
  • Dissolution of the monopoly might have been good news for long-suppressed authors and independent printers, but it spelled disaster for the Stationers, and they quickly crafted a strategy to retain their position in the newly liberal political climate.
  • The Stationers based their strategy on a crucial realization, one that has stayed with publishing conglomerates ever since: authors do not have the means to distribute their own works. Writing a book requires only pen, paper, and time. But distributing a book requires printing presses, transportation networks, and an up-front investment in materials and typesetting. Thus, the Stationers reasoned, people who write would always need a publisher's cooperation to make their work generally available. Their strategy used this fact to maximum advantage. They went before Parliament and offered the then-novel argument that authors had a natural and inherent right of ownership in what they wrote, and that furthermore, such ownership could be transferred to other parties by contract, like any other form of property.
  • The first recognizably modern copyright, the Statute of Anne, was passed in 1709 and took effect in 1710.
  • The Statute of Anne, taken in historical context, is the smoking gun of copyright law. In it we can see the entire apparatus of modern copyright, but in still-undisguised form. There is the notion of copyright as property, yet the property is really intended for publishers, not authors. There is the notion of benefitting society, by encouraging people to write books, but no evidence was offered to show that they would not write books without copyright. Rather, the Stationers' argument was that publishers could not afford to print books without protection from competition, and furthermore that printers could not be depended to reproduce works faithfully if given unfettered freedom to print. The corollary, they implied, was that without the prospect of reliable distribution, authors would produce fewer new works.
  • The authors who succeeded in selling this new right to printers had no particular motivation to complain — and naturally, we don't hear very much about the authors not so favored. T
  • This is the secret that today's copyright lobby never dares say aloud, for once it is admitted, the true purpose of subsequent copyright legislation becomes embarrassingly clear.
  • Having granted the premise that copyrights should exist at all, the English government found themselves under pressure to extend copyright terms further and further.
  • The industry's centuries-long campaign for strong copyright law is not merely a reflexive land grab, however. It's a natural economic response to technological circumstances. The effect of the printing press, and later of analog sound recording technology, was to make creative works inseparable from their means of distribution. Authors needed publishers the way electricity needs wires. The only economically viable method of reaching readers (or listeners) was the bulk print run
  • There is nothing inherently exploitative about this; it's just straightforward economics. From a business point of view, a print run is a daunting and risky project.
  • When one realizes that all this must happen before the work has generated a penny of revenue, it is little wonder that publishers argue hard for copyright. The publisher's initial investment — that is, their risk — in any individual work is greater, in economic terms, than the author's
  • The arrival of the Internet fundamentally changed this equation.
  • But today, the medium over which content is distributed can be unrelated to the medium in which it is ultimately consumed. The data can be sent over a wire, at essentially no cost, and the user can print up a copy at her own expense, and at whatever quality she can afford, on the other end [7]. Furthermore, it is no longer important to possess the master; in fact, the concept of the master copy itself is obsolete. To make a perfect copy of a printed work is actually quite hard, although making a corrupt or abridged copy is very easy. Meanwhile, to make a perfect copy of a digital work is trivially easy — it's making an imperfect copy that requires extra effort.
  • Thus, a publisher's total expense was proportional to the number of copies distributed. In such a situation, it is reasonable to ask that each user bear a portion of the costs of distribution.
  • Thus the practice of charging the same fee for each copy, regardless of how many copies there are or who made them, is now unjustifiable. The cost of producing and distributing the work is now essentially fixed, no longer proportional to the number of copies
  • From society's point of view, every dollar spent beyond the amount needed (if any) to bring the work into existence in the first place is a waste, an impediment to the work's ability to spread on its own merits.
  • The Internet did something the Company of Stationers never anticipated: it made their argument a testable hypothesis. Would creators still create, without centralized publishers to distribute their works? Even minimal exposure to the Internet is enough to provide the answer: of course they will.
  • Imagine the simplest scenario: you walk into the neighborhood print shop and tell the clerk the Web address of the book you want. A couple of minutes later, the clerk comes back with a freshly printed, hardbound book, straight off the Internet. He rings up the sale. "That'll be eight dollars. Would you like to add the one dollar author's suggested donation?" Do you say yes? Perhaps you do, perhaps not — but note that when museums charge a voluntary admission fee, people often pay it. The same sort of dynamic is at work in the copy shop. Most people are happy to pay a tiny extra bit on top of some larger amount, if they have their wallet out already and think it's for a good reason.
  • This is not the only possible system, and it can easily coexist with others. Those not convinced by voluntary donations should consider another method: the Fund and Release system (also called the Threshold Pledge system [9]).
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