-Z- (z@gundam.com)
Wed, 27 Dec 2000 20:40:54 -0800


> actually i've heard and i think it might have been from this ML that
> Fansubs (in the US at least) aren't illegal untill and unless the anime
> in question is distributed commercially in a subbed/dubbed format by a
> domestic distribution company that has aquired the liscense to the
> property, untill they do fansubs are stil fair use, so by this argumetn
> you can have all the fun you want fan-subbing stuff like Gundam F91,
> Char's counterattack, or Gundm X but you'd be in hot water up to your
> neck if you tried that with 0083, Gundam Wing, or the UC 0079 movies

No, that's just wishful thinking. The day that Sunrise licensed English
language editions of Gundam Wing, they exercised their English language rights
to the Gundam property. At that point, any English language version of any
Gundam property not authorized and license by Sunrise and its copyright
enforcement division, the Sotsu Agency, became illegal.

Paramount owns Star Trek and Lucasfilm owns Star Wars. By the "reasoning" you
just put forward with regard to CCA and other unreleased Gundam properties, it
would be legal to sell bootleg copies of Star Trek: Voyager and Star Wars
Episode I: The Phantom Menace in countries where only the classic Star Trek
series and Star Wars movies had been released in the local language. Try
telling that to Paramount or Lucasfilm!

Sunrise owns Gundam. Even before they released English language versions, they
owned it and had the right to authorize and license -- or withhold authorization
and license -- their property. Now that they've authorized and licensed an
English language version, they've exercised their copyright in a manner that
makes it recognizable and enforceable under U.S. Federal law.

This extends to Web sites, where they have the right to issue a cease and desist
simply for using the LOGO without their permission. They've been very
forebearing in allowing fans to express themselves on the Web and elsewhere, but
we shouldn't push it.

-Z-

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