FUNimation sub downloading addendum

On Twitter, sh1zuka raised another interesting point to think about:

@moritheil conversely I think they went over. By DLing the HS eps via bittorrent, they uploaded to the swarm, same as the 1337 ppl they sued

I don’t think we know for sure that they used a torrent service.   It’s quite possible they used a direct download.  The only way such a thing could be proven would be with a court order, which they are unlikely to ask for.  A defendant sued by them could try, but even if they did, I wonder what the legal status of a downloader from FUNimation is – would it be OK to download from the official distributor, who knowingly uploads as they download?  Is there any implicit license in the knowing act of uploading?  (If I put my candy on your tray, can you eat it?)

Even if so, does the proportion taken from FUNi matter?  Is it only a defense if 100% of the file was downloaded from them?  50%?  10%?  FUNi can certainly upload all it likes – but will a judge accept the argument that the upload end of a torrent being legal implies something about the download end?  There’s no entrapment or anything, since that would require FUNimation to set it up, and they almost certainly got it from a preexisting downloading scheme.

If these possibilities were invoked in court, it would probably take a long time to sort through all the scenarios, since the case would probably wind up making precedent.  However, for that very reason, a defendant (most likely cash-strapped) would be unlikely to want to take this approach.

Published in: on March 22, 2011 at 2:50 PM  Leave a Comment  
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