FSS and Copyright Issues

Discussion of FSS manga, movie and omake

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Tachyon
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FSS and Copyright Issues

Post by Tachyon » Fri May 06, 2005 2:37 pm

Let me start this post by welcoming Falk back after a computer hard disk recovery. It's great to have you back, Falk!

Now, to address the issue of copyright infringement that Falk raised... I realise that Gears Online operates in a "gray area." We may technically be infringing on copyrights by displaying FSS images online. I certainly don't want to give Toys Press or Mr. Nagano any reasons to be upset. My plan was not to notify Toys Press and hope that Gears Online is allowed to continue. I doubt that Mr. Nagano or the employees of Toys Press will ever learn about Gears Online.

Personally, I think Toys Press may be inclined to turn a blind eye towards Gears Online but I could be wrong. I don't think what we are doing is wrong for the following reasons:

:arrow: Gears Online does not profit from any of Nagano's work. Heck, we don't profit at all! Total donations to Gears Online have amounted to only $20 and that isn't enough to cover one Web hosting bill.

:arrow: Gears Online helps people to learn about FSS and raise their enthusiasm.

:arrow: The FSS pages here encourage people to buy FSS books and even supplies information on how to order the comics in English.

If I ever get a letter officially telling me to take content down I'll cooperate. After all, a "cease and desist" letter from Nagano's lawyer is the next best thing to an autograph. :)

What do you guys think of the copyright issues?
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Post by KOG » Fri May 06, 2005 3:50 pm

I think the important thing is to not post scans of FSS manga issues that are already available in english.

Posting scans of the latest untranslated installments in New Type seems OK... since most people wouldn't buy those magazines (waiting for collected editions) anyway.

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Post by Tachyon » Fri May 06, 2005 5:19 pm

Yeah, as soon as book 12 is published in Japanese I'm going to pull the Newtype scans that appear in it. The fans who are "in the know" enough to view those pages should be buying the published manga.
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Post by Nu Soard Graphite » Fri May 06, 2005 9:52 pm

One point:

The copywrite for all published FSS images now belong to Edit, Nagano and wife's new production studio. If you go to the link in the message that talks about Edit, you will find where to send any inquiries about FSS copywrite issues.

There is a paragraph in Japanese, English and German that states that posting of any copywrited images is prohibited unless given permission. They include web pages in this. So my suggestion would be to send a letter to Nagano's people at Edit and hope Nagano has no problem with you posting FSS pictures. If he does have a problem, find out if he doesn't mind linking characters profiles to pics they post on the FSS Website (they are creating a new FSS website along with the Edit home page).

I'm sure Nagano wouldn't mind an "official" FSS website in English. Act fast enough and you might be able to get the deal, unless Edit plans to provide english information on their website themselves (quite possible)
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Post by hitori » Fri May 06, 2005 10:13 pm

I say we just stay quiet.
We are publicly making available the very merchandise they sell.

Japanese are pretty strict on this.
Or it could be we Americans are a bit lax. :D

Even translated material is not safe from the copyright rule.
The original publisher and author have the first hand rights, of course.
But a translator has what is known in Japan (not familiar with American laws as I only have experience translating Jp to Eng) as 'second-step copyright'. (二次著作權)

Because the act of translation is considered a semi-creative work, the translator is given this right.
But original copyright holders can and do deny this, unless they are done with official permission.

If any of you are international copyright lawyers please give some expert advice, but as far as I know, there is no chance "official website" stauts will be given to Gears Online or the use of FSS related material ever be permitted with official endorsement.

Let's just see how determined Edit.Co really is before taking any action. :o

And Tachyon,
If the unfortunate "cease and desist" letters do arrive......please share it with us. :D
As you said, that'd be a pretty cool thing to have. hehehehe

elemental

Post by elemental » Sat May 07, 2005 2:26 am

I tend to agree with hitori. If it ain't broke don't fix it.

On a related issue, I did a quick google search for "five star stories" and gears online was nowhere to be seen. Same for "five star stories english". However... search for " "five star stories" scans" " and gears appears on the first results page. That could be a bit of a problem.

Scans and copyright aside, how do new fans interested in finding an english FSS discussion board make their way to gears?

Did I catch google on a bad day...?

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Post by Nu Soard Graphite » Sat May 07, 2005 4:03 pm

Thats interesting.

When you look up "Mortar Headds" Gears Online is the first website on the list.
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Post by Falk » Sat May 07, 2005 11:09 pm

Thanks for the welcome Tachyon^^

So, about copyrights, well, as Hitori said, I've rarely seen a fan site being appointed as a sub-official site, except in the music domain (when a band has a solid fanbase but not an "mtv success", which is not really a bad thing if you ask me :þ).

If I remember my economic and juridic classes well, if you ask a brand or whatever for displaying their material on your site and get no answers, it's interpreted as a "yes". Now if the author eventually finds the fan-ism goes to far, I don't see how the fan site can justify itself with a "no response"...

It looks like I've risen a "thorny" subject here :P
Well of course the officials, whatever it is (here toyspress/edit) are obliged to write such a copyright disclaimer, or else it's the door opened to all windows (mmh that's a french expression, I get the meaning, but not the picture though... Why would the windows come through the door ? That is the question... Mmh maybe there's some draft involved... Oh well, who cares... :P :wink: )
They just have to write this to draw a line that many won't cross (*cough*except the P2P networks*cough*).

I talked about that, cuz in the long term, Gears will be more or less displaying the various characters books' artworks, in relativelly good size and quality, while many sites don't display a good content (Heika for instance was mostly based on the translations, but had a quite poor content regarding pictures)

On the other hand, if they had to reply to each fan-site to tell them what is allowed and what is not, that's all they would be doing all the day...

(About gears, it's in 1st place looking for Ex-S pictures 8) )
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Post by Nu Soard Graphite » Sun May 08, 2005 2:08 am

Well, I like the suggestion that we continue unless a "cease and desist" letter is issued. I would suggest drawing the line at manga scans. The current scans posted should be fine and as long as they're pulled down when Volume 12 comes out, that should be okay. The defense for which can be said that Newtype magazine is not available everywhere, and the scans are for those who wish to referrence them while waiting for volume 12 to be released...
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elemental

Post by elemental » Sun May 08, 2005 7:09 am

Nu Soard Graphite wrote:The current scans posted should be fine and as long as they're pulled down when Volume 12 comes out, that should be okay. The defense for which can be said that Newtype magazine is not available everywhere, and the scans are for those who wish to referrence them while waiting for volume 12 to be released...
The copyright owners might not take such an generous or care-free view regarding the scans. I can't see it as an issue they would be willing to enter a discussion on, rather it would be "cease and desist" or nothing at all.

It's also possible that Nagano etc are not really too concerned about fan efforts but are just keeping the option open to shut down anything they really don't like (for whatever reason).

Back to the google thing... it's nice to see gears out rank even the toyspress site on a mortar headd search. Engrish strikes again. 8)

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Post by happy hopping » Sun May 08, 2005 7:39 am

The issue is not as serious as you people think.

The FSS manga scan are copyrighted. But in order for Toyspress or Edit or whatever co. to sue, or even hire a lawyer to write a letter saying "Cease and desist", that co. must have an corporation in the same State as the location of this server, at the very least, an incorporation somewhere in US.

Toyspress or Edit has no incorporated office in USA. If they ever do, they can go after every recast co. as well as un-authorized manga scan.

Until then, since this is a non-profit web site, Toyspress can see this web site as a promotion for FSS, which directly benefit his co., in my opinion, problem solved. In other words, you can post any scan you want. There is nothing they can do legally. Because in order to file a Statement of claim, the plaintiff has to be an incorporation w/i USA.

They can still file a lawsuit under international copyright law, but the money spent is not worth it and Toyspress won't do it. If they have such an idea, they would have exercise it many years ago knowing co. like G sys recast so many FSS resin or co. like Sharp Pt. duplicating the Chinese ver. of the manga, with the Chinese ver. clearly a photocopy from the original.
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