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Last year, The Free Subtitles Foundation, a group dedicated to pumping out free fan-made subtitles, decided to take the anti-piracy group BREIN to court in hopes of a judge ruling fan subs as legal. Unfortunately, after more than a year, it seems that plan has backfired, with a judge this week ruling in BREIN's favour.
Subtitles can be essential to enjoying media from other countries but official subtitles aren't always made, which is why fan groups will often take it upon themselves to translate movies, TV shows or anime into other languages. Over the years, fansub groups have managed to fly somewhat under the radar but recently, anti-piracy have been cracking down and accusing them of infringing copyright.
As TorrentFreak reports, as a result of this association with piracy, the ‘Free Subtitles Foundation' decided to make a stand and raised funds to file a lawsuit in hopes of obtaining a legal ruling that would protect them from anti-piracy groups like BREIN. Unfortunately, this week the Amsterdam District Court rejected all claims and sided with BREIN on all counts.
The case focussed on whether or not the creation of subtitles should be an act solely reserved for the copyright holder. Unfortunately, BREIN managed to successfully argue that many fansub release teams work with or make their content available paired with illegal sources. With this ruling in hand, it may be easier for BREIN to go after other subtitling groups in the future.
KitGuru Says: Official subtitles aren't always made, so groups like this really help extend the audience of many pieces of media. I don't necessarily agree that the creation of unofficial subtitles ‘damages copyright', though they aren't always the most accurate.
This is dumb but it is the world we live in today. I see no harm in this if they are not changing the actually content. If I remember right subtitles are a separate file and the player picks up this file and plays the subs while the video is playing as well. Now if they inject the subs right into the video then yes they are changing the content which is then put into a grey area of being legal or not. All they have to do is do it like when I get my TV shows the subs are a separate file that the player will see this and play it along with the video.
I am not sure if site like Youtube support this mind you but if they do it this way they are not changing the content in any way because it is not touching the creators file in any way so it is legal and the creator of the content can complain all they want there is nothing being done to their content except opening it up to more parts of the world to be viewed but maybe that is why they are complaining who knows. Everyone has got so whiny about almost everything today anything is possible.
Great, so basically we have to learn Japanse now? I get that there is a thing as copyright infringement, but seriously, if the producer isn’t going to translate it, nobody is being hurt.
As far as I’m concerned it falls under “Fair Use”
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