In Defence of Bandai

Yes, defence. It’s British spelling, okay? Deal with it.

It seems like Bandai has been getting a lot of, to misuse tj han’s term, “negative energy” recently for the whole Solid State Society fiasco. Some people see my latest rant on the Long Tail phenomenon as an indirect attack on Bandai.

The truth is, as hypocrite as this may sound considering my rant on the Wind incident, I support Bandai in its business decision to protect its profits. Bandai exists not to spread the love for anime but to make money. Popularizing anime is one of the ways through which Bandai can make money but the difference between an end and a mean to an end must be made clear.

It does not serve Bandai’s purpose as a company responsible to its investors to continue to turn a blind eye on fansubbers, especially for its most popular franchises.

It’s illegal. GASP!

First thing first, fansubs are illegal. There is no possible defence. Most of the world belongs to the Berne Convention that establishes the shared international laws of copyright. All rights of all works of any value, monetary or otherwise, belong to their creators unless the creator explicitly releases it to public domain or a set time period has elapsed since the creator’s death.

These rights include the right to translate the work, the right to distribute the work and the right to make derivative works based on it. Fair Use is a clause to grants very limited rights to people to use very limited portions of a copyrighted material for special purposes such as education. You can quote a line from a novel in your school essay without seeking permission from the author. You can watch a DVD with your friends without buying a copy for every one of them. If you translate a movie for your friends and families, then it can probably be considered Fair Use. But once you start distributing the translation online in great numbers, good luck trying to convince the judge/jury (depending on your country).

Fansubbing has nothing to do with Fair Use. Fansubbing is illegal in all countries except certain African states and Pacific islands that you are most likely not living in if you are reading this entry. There is no “grey” area with regards to copyright laws and fansubbing.

That said…

However, fansubbing does have (or did have, if you ask certain experts on the subject) a very special difference from bootlegging and piracy in general.

Fansubs are created for people who fall outside the target audience. As mentioned in my arguments on Wind, fansubs serve to create new markets where there were none. This should always be the main purpose of fansubbing: to induce more fans into the hobby.

The purpose of fansubbing was never to let you “try before you buy” or get things for free if you don’t think they deserve your money. When you think that way, you are basically admitting the fact that those things are available in your local market and they are being sold with you as the target audience. That means that fansubbing, by that stage, has already lost its original meaning: to give us access to shows that have excluded us from their target audience. Because now we ARE the target audience and yet we choose to download pirated copies citing the same reasons that I have heard a million times before in the warez scene long before digital fansubbing took off in the Love Hina era.

It’s more convenient for us to download a fansub than to buy a physical DVD, I agree. That is a limitation of traditional distribution that has to be re-examined by the industry soon. But that does not grant us the god-given right to download and watch fansubs faster than the companies can bring them over to the English-speaking world.

The state of fansubbing

The truth is that fansubbing in America today plays a terribly minute role in promoting new anime series. It probably does a better job at promoting piracy.

Unlike the underground anime fandom of the last century and the ren’ai game community of now, anime has already achieved the amount of success needed to guarantee its continued survival and growth in North America. Fansubbing will occasionally create success stories of an obscure anime title being brought to fame by the internet, but that’s simply insignificant when you compare it to the market that Bandai, ADV and Geneon are enjoying right now. They don’t NEED fansubs.

Pulling statistics out of my ass (actually I think I read this somewhere before), only a very tiny portion of American fans was introduced to anime by fansubs. The anime on TV, the HUUUUUUUUGE variety of anime DVDs and manga you get in stores and the various major anime conventions held in America, those things do a LOT MORE to help promote anime than fansubs are doing now. Clearly, fansubs, at least for the anime market, are losing their original purpose of promoting anime. Without that purpose, fansubs are no different from bootlegs of Hollywood movies.

And indeed, Ghost in the Shell, along with most of Bandai’s portfolio, DO NOT need fansubs. Bandai is well-established in North America and Ghost in the Shell is already very popular there due to the previous titles in the franchise. The very same titles that you can just waltz into a store and purchase, i.e. they are marketed at you! GASP!

Bandai doesn’t need fansubs!

What can Bandai hope to ever gain if it allows fansubs for a series that was created with the obvious intention of being brought over to North America? NOTHING! So what if it appeased a few “fans” who absolutely must watch the series within two days of its Japanese release? There’s no guarantee that the fansubs will reach a bigger North American audience than what the series is already reaching. The only guarantee is that there is now a free and easily-available bootleg copy of the series before it has even been released in the North American market.

If you want to “try before you buy”? Go watch it on cable TV! I bet it’ll be there. You Americans have it all so good but yet you demand for more. There are anime that were created with YOU in mind. Just look for those sponsored by Geneon.

“I want my anime now!” Well it’s not YOURS, it’s BANDAI’S. Shut the fuck up and wait for it.

If you plan to download Solid State Society like I will be doing, please at least admit that you are a pirate. I download pirated games and movies all the time too. But it just sounds terribly silly if you start calling foul when the company tells you to stop pirating. :) Stop pretending to be fighting the good fight, it’s not the 1990s any more.

Repeat after me:

We are just selfish bastards who want to watch anime for free and we have no right to whine if Bandai chooses to do something about it.
We are just selfish bastards who want to watch anime for free and we have no right to whine if Bandai chooses to do something about it.
We are just selfish bastards who want to watch anime for free and we have no right to whine if Bandai chooses to do something about it.

In conclusion

There is a huge difference between fansubbing an obscure eroge-based anime that would never have had a 1/100000 chance of being released for the North American market and fansubbing a series that is pre-licensed and obviously made with the North American market in mind.

Doing the former produces the occasional success stories like KimiNozo (aka Rumbling Hearts).

Doing the latter pisses off the hand that feeds you.

Just some thoughts from a disillusioned ex-fansubber.