Problems with DVD

[Michael E Kerpan Jr]

Under US law, if you were to legitimately acquire these materials, 
through a third party who bought them from an authorized seller and then 
resold them to you, you would have the right to own and use these in the 
same fashion as any other materials bought lawfully.  Any attempt by the 
Japanese publishers to restrain acquisition or use would almost 
certainly be held unlawful in the United States.

You should consult with an up-to-date copyright law attorney  -- but to 
the best of my knowledge, the Japanese publishers may attempt to 
restrain direct distribution by their authorized distributors, but they 
have no right (under US law or international conventions) to restrain 
secondary resale or restrict the rights of secondary purchasers (in a 
fashion different from the rights of any authorized  purchasers). 
 (Acquiring and lending unauthorized fansubs is, of course, another 
problem entirely).

The fact that the publishers don't WANT you to do something does not 
make it illegal.  The following site seems to suggest that  the Japanese 
publishers do not have the right to block your purchase of materials 
from third-party resellers:

http://www.aippi.org/reports/q156/gr-q156-Japan-e.htm

Best of luck,

Michael Kerpan

+++++++++++++++++++++++++++++++++++++++++

Ito, Michiko wrote:

>Hi,
>
>>I'm still puzzled about refusing to sell something (like a DVD) to a
>>*domestic* Japanese university.  I'm left speculating that the
>>publisher views piracy among college students as being so rampant that
>>they refuse to sell digital content to any university.  
>>
>
>Please let me correct.  The DVD set I mentioned in my previous mail,
>"Mainichi Eiga Konk_uru _Ofuji Nobuo-sh_o jush_o tanpen anim_eshon zensh_u"
>is AVAILABLE for anyone in Japan.  Any individuals or institutes in Japan
>can hold the set, and libraries can let the users check out and watch at
>home.  However, sales to overseas institutes/individuals is strictly
>prohibited.
>
>To me, posing such a restriction is ridiculous.  If anime fans in overseas
>want to have the set, they go to Japan (or ask someone in Japan) to buy the
>set and send it to their home countries (and if they want, they can produce
>"fan-sub" copies, as mentioned in the previous postings).  Re-sellers do not
>know and do not care about the final destination of the set.  The copyright
>holder cannot catch such action, though they consider it illegal.  But
>university libraries like us respect legality (and/or want to avoid any
>lawsuits).  We cannot officially hold and let the users use materials
>acquired by illegal actions.  (If the users cannot use the materials, what
>is the point for libraries to buy them?)
>
>Michiko Ito
>Japanese Studies Librarian
>East Asian Library
>University of Kansas Libraries
>Watson Library
>1425 Jayhawk Blvd.
>Lawrence KS 60045-7544
>TEL: (785) 864-4669
>FAX: (785) 864-5311
>