`Netflix and Sony Back New Bill to Kill Anime Piracy Sites And More`

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Summary

  • Piracy causes huge financial losses and jeopardizes the entertainment industry’s investments.
  • The FADPA aims to amend US copyright law to block foreign piracy websites.
  • Major companies support the bill, but critics fear it could lead to censorship and benefit big corporations.

The problem of piracy has been a contentious topic in the entertainment sector for quite some time now. Organizations such as the publisher of “One Piece”, Shueisha, assert that they suffer significant financial losses because of it, running into millions or even billions of dollars. This situation, they argue, not only negatively impacts the industry but also poses a risk to future investments, as potential losses could deter further investment.

However, proponents often argue that piracy serves as a means to provide individuals with access to art, culture, and entertainment, while also safeguarding content that corporations may find unprofitable, particularly older films, TV shows, games, and similar content. Notably, this discussion often centers around anime content.

In many parts of the world, including the United States, distributing copyrighted material illegally is classified as a felony. Some countries also view accessing pirated content as a lesser offense, categorized as a misdemeanor.

Over the past two decades, efforts to combat digital copyright violations have intensified significantly, particularly in nations with robust entertainment sectors. This is largely due to influential industry giants pushing their governments for tougher action against piracy. Even developing countries are facing pressure to take a harder stance on piracy, as many pirate networks tend to thrive where laws are less stringent or enforcement is more lenient.

In this situation, Representative Zoe Lofgren presented the Foreign Antipiracy in Digital Age Act (FADPA) to the United States Congress on January 29, 2025.

What Is the Foreign Anti-Digital Piracy Act?

The proposed Foreign-Affairs Defense, Trade, and International Relations Act (FADPA) aims to make changes in U.S. copyright law. Its main target is foreign websites, specifically those primarily dedicated to copyright infringement such as streaming sites for anime piracy or platforms offering unauthorized manga distribution. However, it’s important to note that the bill isn’t limited to just manga and anime; if passed, it could significantly influence these areas.

Essentially, this bill outlines a system that enables copyright owners to ask major internet providers, such as ISPs (Internet Service Providers) and DNS providers like Cloudfare, to restrict access to unauthorized websites. This system also provides an opportunity for these websites to present their case in court before the restriction is granted or denied.

As reported by TorrentFreak, DNS services often find themselves exempt from website-blocking laws. Notably, Cloudfare has shown some hesitation in complying with blocking requests, but has complied on rare occasions when ordered by a court.

If the bill is approved, there would be a clear order of steps until any request is granted:

  1. Copyright owners/ licensees petition a preliminary order for specific domains/IP addresses in US District Court, providing substantial and reasonable basis for their request. They should also try to reach the site operators and ISPs included in the petition, in order to notify them about it.
  2. The court analyzes the petitions and decides if it meets the requirements – if it does, they will issue a preliminary order and copyright infringement check.
  3. The operator of the website can appeal the preliminary order (within 30 days).
  4. If the court keeps the decision, the copyright owner/licensee can request a blocking order – the court should consider other elements, such as if blocking the website harms the public interest, if the website holds non-infringing content and how it would weight on ISPs.
  5. The court either rejects or issues the blocking order, which should be implemented within 15 days. The order should be accessible to the public.

It’s important to note that under FADPA, providers have the flexibility to decide on their method of compliance with orders. If a website attempts to evade blocking or tackle other legal issues by rebranding (such as how 9anime transformed into AniWave prior to closure), the orders can be updated accordingly.

Lofgren aimed to protect non-offending intermediaries such as Internet Service Providers and Domain Name System providers, exempting them from any potential legal repercussions.

Major Companies Are In, But Others Are Skeptical

According to information provided, this bill allows operators to challenge a preliminary ruling, and it is commended by certain parties for its apparent efforts against digital piracy, as well as safeguarding DNS providers, Internet Service Providers, and similar intermediaries from legal responsibility.

The Motion Picture Association (MPA), which represents companies such as Disney, Netflix, Sony Pictures, Warner Bros., Universal Pictures, Paramount Pictures, Amazon Studios, and Amazon Prime Video, is in support of this bill. Additionally, organizations like SAG-AFTRA, 2IM, IATSE, ITIF, and The Copyright Alliance have expressed approval for the FADPA.

I must admit, while I wholeheartedly support the idea of protecting creative works online, I can’t help but share the concerns raised by organizations such as Public Knowledge and Re:Create. They argue that this initiative could potentially be seen as censorship and disproportionately benefit large corporations, effectively functioning as an “internet killswitch” for them. I believe it’s crucial to listen to their perspectives and ensure that any measures we take are fair and equitable for all parties involved in the digital landscape.

Japan is making efforts to combat piracy of anime and manga, and if passed, this bill is expected to be welcomed by Japanese businesses.

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2025-02-05 22:14