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by kmeisthax
1741 days ago
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Copyright enforcement is actually quite expensive, both for the litigant and the defendant. The only way for it to be actually profitable to sue someone who is stealing your work is if they immediately settle, which is how copyright trolls operate. Everything else is a massive money pit for everyone involved, even the lawyers. Since this is an international enforcement action, the costs go up more, because now you need multiple legal teams on the bar in each jurisdiction, translators qualified for interpreting laws in foreign languages, knowledge of local copyright quirks, and a lot more coordination than just asking your local counsel to send a takedown notice locally. (Just as an example of a local copyright quirk that will probably confuse a lot of people in the audience from Europe: copyright registration. America really, really wants you to register your copyright, even though they signed onto Berne/WTO/TRIPS which was supposed to abolish that regime entirely. As a result, America did the bare minimum of compliance. You don't lose your copyright if you don't register, but you can't sue until you do, and if you register after your work was infringed, you don't get statutory damages... which means your costs go way up.) Furthermore, every enforcement action you take risks PR backlash. The whole fandom surrounding import Japanese comic books basically grew out of a piracy scene. Originally, there were no English translations, and the scene was basically reusing what we'd now call "orphan works". There used to be an unspoken rule among most fansubbers of not translating material that was licensed in the US. All that's changed; most everything gets licensed and many fan translators absolutely are stepping on the toes of licensees. However, every time a licensee or licensor actually takes an enforcement action, they get huge amounts of blowback from their own fans. |
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