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Akadot / Manga Academy
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Rica-chan Grounds Keeper (大名)
Joined: 27 Oct 2003 Posts: 209 Location: Los Angeles, CA
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Posted: Thu Nov 10, 2005 2:27 pm Post subject: Funimation VS Akadot Retail |
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Check out the article on Akadot.
http://akadot.com/article.html?a=405 _________________ Rica-chan
Groundskeeper
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Tkawaii Student
Joined: 16 Oct 2004 Posts: 114 Location: Orlando, Florida
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Posted: Thu Nov 10, 2005 4:32 pm Post subject: |
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funanimation is such a *add anything you wish here*
talk about menopolizing. I'll just make things worst and have more people bootleg. Or, people will just import them themselves. _________________
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Misquito MA Moderator
Joined: 17 Nov 2003 Posts: 4651 Location: New Orleans, Louisiana
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Posted: Thu Nov 10, 2005 5:04 pm Post subject: |
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Wow, nasty stuff. Almost sounds like a case of a kid got a cool to and doesn't want any one else to have it. (talking about funimations, not ya'll) _________________ ... and then he burst into flames.
Real men wear kilts.
YES SIR! |
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Pepsi_Mix Student
Joined: 10 Nov 2005 Posts: 1
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Posted: Thu Nov 10, 2005 5:50 pm Post subject: |
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I think its unfair for Funimation to wanting Akadot and other retail sites to take out legit imported FMA soundtracks off the site. Funimation is selling the English/Americanized version, not the original Japanese version, right?
I wonder why they are making such a fuss about it? Most domesticated anime soundtracks that I have seen have the retail price of $14.95-$19.95 whereas imports run around $30-$45. I don't think Funimation have to worry about losing money over it just because a webstore has the imports available. Imports cost way much more and most likely, a majority of the customers would choose to buy the US version because of the lower cost and the CD booklets would be English friendly. (I assume Funimation will sell the Cds at the domestic prices).
There may be actually people in the US who prefer the Japanese import and don't mind paying the high cost. Hmm, come to think of it, is there such fans in the US who prefer to buy an expensive import over a cheaper domestic version? Perhaps because some anime jp cds have collectiable extras whereas the domestic ones may not have them?
So, unless Funimation plans to distribute the japanese versions themselves, I see no reason why Akadot or any other US retail businesses should cease the selling of the FMA imports within America. |
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Setsuna Kohaku Viva la Vulgar
Joined: 10 Jul 2003 Posts: 2287 Location: Omnipotent
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Posted: Thu Nov 10, 2005 8:08 pm Post subject: |
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Jeezus >=/ Seems like the snotty little kiddies at Funimation don't care too much about fair games. Thats so *"love"* prudish to be so demanding like that, like they own FMA and the world itself.
>=O FIGHT TO THE DEATH~! _________________
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Remadi Student
Joined: 10 Nov 2005 Posts: 1
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Posted: Thu Nov 10, 2005 8:18 pm Post subject: |
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We are aware of Aniplex. In fact, we have an exclusive agreement with them for the distribution of Fullmetal Alchemist. We have expended a large amount of resources in acquiring and exploiting this brand, and we are prepared to expend further resources in protection of our exclusive rights. |
It sounds like, instead of targeting Akadot, they should be discussing this with Aniplex. Aniplex is the one that is making it available.
I wonder if this means that Funimation will next start targeting eBay users selling these imports. I mean, they have to protect their exclusive rights, don't they? |
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GATSU Veteran Student
Joined: 02 Jul 2003 Posts: 533
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Posted: Fri Nov 11, 2005 12:25 am Post subject: |
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This is the same kind of bs Miramaxe engages in with HKFlix. |
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yueki Student
Joined: 11 Nov 2005 Posts: 1 Location: NYC
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Posted: Fri Nov 11, 2005 9:20 am Post subject: |
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OMG, that is so unfair of funimation. You are definitely not violating any copyright laws or selling bootlegs. They just want to distribute the CDs themselves so they can get more money rolling in for themselves. Are they doing that badly to have to monopolize the market? Next thing you know they'll be interfering with other imported items! >_< If these licensing companies want to avoid fans having an outrage and going for alternatives they should stop doing these pointless things! |
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alanna214 Student
Joined: 10 Jul 2004 Posts: 10 Location: Ohio
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Posted: Fri Nov 11, 2005 9:56 am Post subject: MOM!! He's touching me!! >_< |
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I agree with the little kid analogy. hehe
They technically are two different products. I don't understand what they're getting all huffy about. I guess I'm lucky I got the Aniplex version before Akadot had to remove it.
I know a lot of people who would be likely to just get the bootleg if they're trying to be that much of a pain about things, or just download it via torrent.
I wish people didn't get upset about things so much like this. Why can't everyone just be friends? |
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Montusama Student
Joined: 11 Nov 2005 Posts: 1
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Posted: Fri Nov 11, 2005 6:19 pm Post subject: |
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I just signed up to say this:
"exploiting this brand" <-- You know they make it seem like it's some like junk they want to make money off of because they think it won't sell on it's own now I do know a business wants to make money but exploiting something isn't going to get your money out of it forever just look at Pokemon that thing is dying and a few years after FMA is DONE no one will care about it and on top of it you were selling LEGIT copies so personally I would just say "F**K Y**" (a lot of "*" because I didn't read the rules) but you don't want to have hosting problems and if they got problems with "illegal" stuff why don't they try looking at ebay and another sites who sell HK or copies of fansubs (even sell fansubs for download).
So what I think you should do? just sell them behind their back XD _________________ God Of War ^^ |
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Kwan Yin Veteran Student
Joined: 17 Mar 2004 Posts: 723 Location: Xanadu (Hong Kong, Toronto...o-hi-o)
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Posted: Fri Nov 11, 2005 7:59 pm Post subject: |
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funimation is acting badly.
I think the entity who caused this problem is Aniplex... they should know who they are selling their products to.
If there is an exclusive right sold/leased/given to Funimation, Aniplex should had warned companies/importers/individuals who are buying large amounts of the same thing (which implies a wholeseller/importer or distributer on the part of the buyer)
So...I would go after Aniplex to work something out. If Aka isn't 'allow' to sell FMA CDs, try to make an arrangement with Aniplex...to have Aniplex save face and convince Funimation to buy out all of Aka's CD at cost (whatever Aka paid for the CDs, warehouse/storage, transport expense)
Aka can go after whoever imported the CDs...
or...from a TIMING issue... when was the Aka CDs purchased? Was it before the signing of this so-call exclusive right?
Everyone could save face... 1, Funimation could 'allow' Aka to sell out all their current stock... 2, Aka can get Aniplex involve and have Aniplex to convince Funimation to buy out all of Aka's stock at cost... since (at this point) it seems that Aniplex was "double dipping" ie: assigning or leasing 'exclusive rights' to Funimation and selling @ss loads of FMA CDs to another American distributer.... 3, (least likely for Aniplex to accept) Aniplex can refund Akas cost...and Aka ship (MORE COST) the CDs back to Japan (or a local Sony warehouse in California...least cost)
If timing is an issue... if Aka bought these CDs before the exclusive contract had been inked, then Aka is within 100% right to sell whatever they bought upto the signing of the contract.
the question is.... who has more money to out last who. Funimation has what? A few anime shown on CN...and they are the only anime dubber/distributer to be making money amung this present glut.
Aka has what? A mail order business...anything else? Where's Aka's money coming from?
If Aka has more money to throw at this...Aka can strong arm Funimation into "allowing" Aka to sell out their current stock and then allowing this entire issue to drop.
I would research the timing angle.....along with the Aniplex issue with their double dipping |
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Alice20th Student
Joined: 12 Nov 2005 Posts: 1
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Posted: Sat Nov 12, 2005 6:37 am Post subject: |
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Sorry, guys, but you're making the wrong assumption on this.
You're assuming that since you're buying the soundtrack from an offically licensed maker, that it is legal to sell that maker's goods anywhere, and that isn't true.
Rights are regional (that's why DVDs have region coding), and it's quite possible that Funimation has all of the rights in North America to sell FMA soundtracks and music. And that the music publisher that puts out the disks you're selling only has the rights to sell those disks to customers in Japan.
Which means that even though the soundtrack may be legit in Japan, it may not be legit here. And since Funimation has written you the C&D letter, they're pretty sure that you do not have the right to sell it to customers in the U.S. Assuming they do have the North American rights to the FMA music and audio, since compact disks are not region encoded, they would have reason to feel that you are cutting into their market and rights.
Other American companies have prevented legal, licensed Japanese products from being distributed in the American market. For example, TokyoPop asked for Kodansha's own English version of Love Hina to be pulled from shelves in the U.S. and got it done.
Have you tried to get legal council from a lawyer who is an actual rights specialist? I suggest you do so before you are hit with a lawsuit you cannot defend yourselves against. |
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DigitalDeviant Student
Joined: 12 Nov 2005 Posts: 2
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Posted: Sat Nov 12, 2005 11:53 am Post subject: |
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Wow, this is interesting and I had to sign up to chime in. First off, Alice20th is 100% correct. When a company has exclusive distribution rights for a region then they are the only ones allowed to sell that product in that region.
According to Akadot's statement, FUNimation did try to contact them twice before sending out the C&D letter. Akadot's assumption that they had the right to sell these itlems shows a staggering lack of knowledge of the business they're in.
Now FUNimation does have the right, but that doesn't mean the need to exercise it. I doubt the import CD trade is really hurting their sales of the domestic CD's, especialy considering they aren't selling them outside of the collectors DVD sets. Cracking down on pirated CD's and file sharers seems to be a better use of their legal resources.
If Akadot had resonded correctly I bet some compromise could have been reached. After ignoring the second request and standing on the grounds that Akadot wasn't selling bootleg merchandise (which FUNimation never directly claimed) you really blew your chances.
I've already drafted a letter to mail to FUNimation to tell them that this kind of bussiness isn't good for them or the anime industry in general and I advise readers here to contact them too (in a civil manner) and threaten to boycott their products and broadcasts. On the same token I will think twice about purchasing from Akadot. Understaning the laws that govern your business is important as is respecting the legal rights of other companies. |
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JChaos Student
Joined: 12 Nov 2005 Posts: 7
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Posted: Sat Nov 12, 2005 5:27 pm Post subject: |
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DigitalDeviant wrote: |
I've already drafted a letter to mail to FUNimation to tell them that this kind of bussiness isn't good for them or the anime industry in general and I advise readers here to contact them too (in a civil manner) and threaten to boycott their products and broadcasts. On the same token I will think twice about purchasing from Akadot. Understaning the laws that govern your business is important as is respecting the legal rights of other companies. |
Wow, that's nice. So, you're thinking twice about doing business with a company that's been very good about how they deal with their customers AND they followed the law when they were being bullied?
That's some real integrity there, yep. Way to stand up for what's right and good and by the way in case you can't tell, this is sarcasm.
Funimation, like so many other American companies, seems to be taking particular glee in both bossing around people who don't do things exactly like they want when the law is in fact questionable. Exclusivity agreements in retail? That's a very, VERY rare thing, and I would be shocked if Funimation indeed had the rights that they said they did. Funimation is not Disney. Funimation is not Martha Stewart. Funimation does not have the kind of clout nor the financial ability to be choosey about who can carry their stuff.
Though, re-reading that, my phrasing is less than clear, so I'll try to expand on that. Funimation has production capability. Funimation has plenty of things that they CAN claim under their blanket distribution area. If Akadot were selling bootlegs, or illegally obtained materials of Funimations, that would be one thing. Import law, however, is very different. There are things like duties, and indeed the differentiation of local and imported materials, for a reason. Imported materials, LEGALLY imported materials, are covered by different laws.
That regional encoding thing you talked about? Yeah, that's important. That, while not the last word by any means, is a fairly good indication of what laws media is covered by. Things from Japan are NOT influenced by American trade laws. (Not to be confused with copyrighted material. IE: If someone from Japan tried to remake Mickey Mouse? Yeah, Disney would totally be on that one and have every right to do so.) Given that the FMA stuff is Japanese in origin, Japanese in production, and Japanese in terms of duties paid and where a percentage of the money is going... The difference is very clear in what copyrights are to be respected.
Once again, if Akadot was selling the Funimation stuff, that would be different. (That would also be pretty stupid. I've got a funimation soundtrack that came with the FMA boxed set. It's not that good.)
As for this whole matter, the fault sounds as though it lies with Aniplex. If, and I reiterate, IF someone has a contract of exclusive distribution... Whose fault is it if that company chooses to break the contract? Akadot, as a retailer, has neither the resources NOR the obligation to investigate every other retail company in existence to see if they have exclusive rights to something. Distributors, on the other hand and ESPECIALLY if they're the people with the contract, do have the obligation and resources to determine if they can supply retailers with things.
Frankly, I just want the contact information for Funimation so I can give them a piece of my mind. This is F'in ridiculous. |
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JChaos Student
Joined: 12 Nov 2005 Posts: 7
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Posted: Sat Nov 12, 2005 5:43 pm Post subject: |
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Upon re-reading that, I think I may have double-talked myself into a confusing arguement.
Regardless, I'm rereading the news article here. I'm going to highlight a few points here.
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"We are aware of Aniplex. In fact, we have an exclusive agreement with them for the distribution of Fullmetal Alchemist. We have expended a large amount of resources in acquiring and exploiting this brand, and we are prepared to expend further resources in protection of our exclusive rights.
If, as you claim, you have imported these CD sets from Japan for distribution in the U.S., then this is a clear violation of our exclusive rights. We therefore reiterate our demand that you cease and desist from selling or offering these products for sale." |
Right there, it shows that both companies are dealing with Aniplex. Either Aniplex distributed these things in violation of an exclusivity contract, or Funimation is full of s***. Personally, I feel it is the latter. It's not as though Akadot held a gun to Aniplex's head and said "Hey, give us this stuff to resell, we don't care if you've got a contract or not."
Next...
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A month rolls by and Funimation decides to get our hosting company involve, who told us politely that if we didn't take it off our site, they would shut down Akadot Retail. Specifically, the email sent from Funimation to our hosting company states that we are violating copyright laws. Quoted from the email sent from Funimation to our hosting company, "You will find the listed web site sells, distributes, promotes, and/or advertises unauthorized and/or pirated videos and/or DVDs containing copyrighted material from the Properties." |
That right there proves you wrong in your statement that Funimation never said that Akadot sells pirated merchandise. The statement, legally, would only have needed to say "unauthorized" to get the point across. The inferrment is that they sell pirated material. Read between the lines.
Akadot responded correctly in every instance. They responded to the allegations with accurate statements of what they do. You'll notice that it's Funimation that seems to be flip-flopping on what claim they're trying to make.
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So we sent them a polite email stating that the CD is in fact not violating any copyright or trademark laws. We had purchased them through our Japanese wholesale vendor and that they should be rest assured. But just in case, we gave them our contact information so that we could discuss the matter if anymore questions arose. Lastly, we congratulated them on their acquisition of Full Metal Alchemist.
A couple of months roll by and we forget about the situation until we get an email response from them, this time not from their legal department, from their licensing department. They stated that they were aware of Aniplex and even does business with them. (So that officially confirms that Aniplex is legit.) |
What, exactly, would you have had them do otherwise? Roll over instantly and pull everything off the shelves? Spend valuable time and money checking into every legal form ever filed by Funimation to check for exclusivity agreements, distribution rights, import rights, and MORE?
Akadot did exactly what they needed to do, and you'll note, they have pulled the product after Funimation resorted to BULLYING tactics after their dubious legal claims were questioned. If Funimation HAD the rights, they could very easily fax over the paperwork and say "Here, look at this, and tell us again that you're not breaking any laws. By the way, you have 48 hours to pull the materials in question, or we'll see you in court. Bring your wallets."
EDIT: Of course, to accurately dissect everything, I would have to quote the entire article and makes notes at each and every point, which would be a waste of MY valuable time. You know where the article is, you can reread is. I'd especially like you to take note of the lengths of time between Funimation's contacting Akadot, and how prompt Akadot's responses are.
I think you'll be pleasantly surprised. |
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