Devils Devel Concept under legal threat now?
The following was posted in a comment in a previous blog entry:
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私は『Devils Devel Concept』を制作した“暁WORKS”です。
作品を好きになっていただいていることは嬉しいことですが、
翻訳パッチを配布することは禁止しています。
大きく２つの理由があります。
１．本製品は日本国内のみで販売しているものになります。
海外の審査基準とは異なるため、大きな問題になる恐れがあります。
２．著作権の侵害になります。制作者の権利を守るための協力お願いします。
ご理解を何卒よろしくお願いいたします。
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Here is a translation of the above:
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I am representative of the work of Devils Devel Concept. I'm thrilled that you like my work, but distributing translation patches is prohibited.
There are two major reasons for this.
1. Products are becoming things that are to only be sold inside of Japan. There is concern that it will become a big problem as a result of the differing degrees in judging standards abroad.
2. It's an infringement of copyright. Please cooperate for the sake of protecting the rights of the person's work.
Your kind and prompt understanding would be appreciated.
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So, I ask all of you my course of action. Obviously, they are asking me very politely to stop translating/posting patches for their game. I feel like I have to respect that. But, this is getting a little ridiculous. I'm this close to stopping translating all together because it's only going to be a matter of time before Norn and other companies catch wind of my work and tell me to stop too. I'll have more to say on this tomorrow. It's late here.
Thanks for all your work Nephrinn! Looks like the Rapelay situation is the nightmare scenario for all eroge companies. The problem with Rapelay was that uploaders packaged translations, mods, and the complete game all together. Websites were able to distribute it to the masses without the context that it was an unauthorized translation of an import.
Perhaps you don't need to distribute a "patch". Just release the raw files. Make it harder to for people to distribute it. Discourage the packaging of the translation with the game in a readme file. Either way, make this your last official translation.
Lastly, don't give up this blog. With most of us using AGTH and translation software, your blog will still be very entertaining!
The real question is whether or not this is even a representative of the company itself. I've been reading that there are some crazed Japanese otaku harassing some companies into sending out C&D letters. Is it not possible that this is one of those people?
Well, like mentioned, the first question would be the authenticity of this comment. There's no proof that this post really represents the view of Akatsuki Works. It sorts of reminds me of the time when the original Dark Translations website was taken down. (Although I'm not too sure of the details.)
I wonder if this will turn out into something like the Minori/No Name Losers situation.
I want to play their games.
They don't want me to play their games.
These two wishes are clashing, they can't coexist.
Naturally my own wish takes precedence. If they have such an unreasonable request then so be it, it only forces me to disregard their wish. If you ask me, I would like you would finish DDC and get back to translate the Black Lilith games.
Anonymous >> Easy for you to say when you don't face any risk at all. If that japanese post is really true, according to the Copyright Law, Nephrinn could face a lawsuit in which the odds wont be in his favor by a large margin.
Even if it's legit, I wonder how they were able to make contact with such a new and reclusive site and message Neph? The site has barely been up for, what, about a month? I doubt they knew about the translation back in DarkTrans tenure, otherwise they would have said something and not procrastinated for as long as they did, bearing in mind DDC has been in translation for a long time.
My hunch is someone with too much time on his hands leeched on the translation and the site sometime after Sanity End's debut, otherwise I highly doubt a run-of-the-mill Japanese "representative" who only typed an email in Japanese would stumble on the site.
Perhaps today's translators are better off announcing a project, not releasing updates, then simply releasing a 100% translation until the day it's done? Then at that point, a cease and desist is useless as the translation is already released to the niche masses.
Move the project over to C&D: h**p://jp.gfx-beta.net/wiki/index.php/Main_Page
Or work in the background on it.
It is really really annoying with all these "Mails", if I where a company I would send a Letter, even I could write such a Mail and could NOT be in any company...
Or do not post any Patches until you are finished! And only post the "end product"...
Or just the raw files and just a little tutorial or without one...
well..it seems update shouldn't be write frequently...don't post it on official web, something like HF is enough
---Me again---
I even bought DDC and it was very hard to get a copy here in country..
I paid 40% more than normal..
And now I can`t have it in a readable language?
I want my money back!
Over Amazone in my language/country and then over a third party trader...
And of course the shipping cost was expensive...
Probably there won´t be a next time, until this whole sh** is cooling down...
Couse I have problems learning japanese on my own and a school is to expensive for me I just have no way to lern it...
Sry if this sounds like trolling/flaming but I had to get this off from me...
I agree that the fact that Japanese found out about this site is baffling as even majority of English VN fans do not know that DT resurrected as Sanity Ends. My suggestion is no more updates DDC (and any other game for that matter) on the site and the releases off-site - torrents, Hongfire that sort of thing. Like NNL did with ef. Well, of course it all comes down to what you nephrinn really want to do about this matter.
Oh look, it's this shit again.
Judging from the 1st reason it seems like it's just some person that's scared that if more things in this niche start showing up in American media it'll only mean bad things and more regulations over there in Japan for them. They're just mad because of the shit the American media brought down on them. Just my take on it at least, it really doesn't sound all that official. And this was only a blog post here?
Yeah it's easy to sit here and preach. My opinion, go underground, release 100% patches, try h**p://jp.gfx-beta.net/wiki/index.php/Main_Page like that Anon said, or whatever. None of us wanted to see you stop the Lilith stuff, it'd be really crushing if you stopped everything now.
Yeah, don't announce updates, the site could be used as an dark eroge news blog or something like Odane's blog. Or you could do it like a certain hentai fansub group and use key words and puzzles to name a project. (We should probably use private messages if you want me to name the group.)
Release 100% patch over IRC or something...
As when you are working on a new game, don't say the name give us a hint of what game it could be.
Confirming the authenticity of the post should be the first step, of course.
If it turns out to be from the representatives of Akabei, then you might want to try to reason with them. They were polite in their request, so they might listen to you.
But yeah, this whole thing is getting a little ridiculous...
i wonder why they wrote it jap when they can read your translation progress...even if they've thought that far that you could read it because you're a translator,why not write in EN if they got an english reader...
and also, why did they post this as a comment with little info instead of sending an official warning with authorties details/contact or an email. Are they really that laid back to do that...
but just in case, maybe you should stop this project for now, since there would be no reason for anyone else to send this message. Of coarse, you can always continue making the patch/translation...'just for ur own use'...
Obviously determining the authenticity of this message is the first step. We all initially thought that the DCMA notice that darktranslations got hit with was originally a scam and we all saw how that turned out. To say that resulted in a major shakeup of your operations would be an understatement (the fact that godaddy utterly sucks probably helped as well).
If this is real, I am somewhat surprised. Your operation isn't as high profile as TL Wiki or No Name Losers (well saying a fan translation project is high profile is like being the tallest guy in the Japanese Basketball team - that stupid quote from my old tort law professor who was Japanese-American).
Then again maybe I shouldn't be surprised. There is a a clear effort effort to put a stop to fan translation projects. The scuttlebutt, as we know is that this may be due to the efforts of a single xenophobe with too much time on his hands.
There is a discussion on the Amaterasu translations forums that talks about this. If you want to read it go to the forums here on Sanity Ends and go to a discussion called C&D letters, the forth post has a link (you can't post links unless you have an account here otherwise I would has posted it).
Apparently the C&D's are being sent to shut this guy up.
Obviously if you don't want to deal with this crap, by all means hang it up. You might want to offer your translation services to another group so you won't be the point-man and the C&D's won't be your headache.
If you want to translate DDC, my suggestion is don't post a single update or partial patch until you have the damn thing done. Make an announcement on this site and upload it onto nyaatorrents or release it on hongfire. Also whatever norn game you decide on. Don't even announce it just translate it and release the patch.
Hopefully this is some troll just screwing with you.
There's no way to tell if this is even legit or not. As many have brought out it could just be a troll trying to mess with translation projects. I know I and many others would be extremely disappointed to see such a tactic succeed.
Obviously everyone here is hoping for the best case scenario where it turns out to be merely some stupid troll who has nothing better to do.
But we cannot disregard the fact that it might indeed be a real threat and nephrinn might even get sued. I am sure everyone would love for nephrinn to continue on with his work but this is all up to nephrinn decide, I believe that perhaps the best solution would be for you to wait until the whole thing is patched 100% then posting the file up on hongfire or some other file hosting site this would enable the people to enjoy your translations but still keep you out of the way of C&D's or even passing the baton on to some other translation group willing to translate DDC. Hopefully you will also take into consideration many others who would be devastated if this project were to be stopped and the amount of time you have dedicated to this project and decide if you should just quit halfway through it. No matter what, nephrinn should still be thanked for already translating so many other VN's its just that I feel it would be sad just to quit halfway through one which you have worked on for so long.
wait...its a high probability that who ever send that message is WATCHING US and seeing our reactions...but their are a few thing bothering me.
1. whether his legit or troll, does he even know how to read proper english or does he only know a bit.
2. if he's legit and know EN wouldnt he wrote up another comment by nowfor a comeback or reply. And if he doesnt kn EN how does he even know your progress or that this is a translating site?
3. if this guy is a troll, whether he know EN or not...all this must be very entertaining for him...but you would still expect a comment, since he would make himself look like real authorities
...by all means he could be one of us...
If the server logged the IP address of the guy who posted the comment, it might help establish if it's legit. You could look up it's geographic location and if it isn't a major city in Japan (or more accurately, the city where Akatsuki is based) there's a chance it isn't legit.
But even if turns out there is reason to believe this notice is fake, it still does not mean you won't get legit notices in the future. Going underground seems a good idea, at least, that's my 2 cents.
Well Nephrinn, here we are again! Another possible stop in what seems to be a conflict of ideas, what's legal and what isn't, and a love/hate of people finding enjoyment in Eroge games being denied access due to languages barrier. I see others have offered you a way to solve this and you are trying your best to comply with both this C&D and peoples wish for you to continue. I just don't get it...There is a market out there for these games. Yes, I know that they are being supplied by other distribution/retail companies. But the lack of being able to enjoy them in full is where we reach a stand still. Sure I could go back to school or buy a Japaneses tutor program and try and learn how to read them, but that's not a easy solution. I'm sure if enough money was throw at the problem it would go away. Maybe! The H-game genre has seen some very bad times over the last two years from the possible Ban in Japan to outside groups sharping their knives at cutting out it's throat in the market in general. Is having dirty pics that big a crime that all this is happening? Is finding enjoyment in tales of the weird sexual nature of fictional characters really the woes of the real world? Is wanting to understand whats going on in the story such private affair that the H-game makers themselves are willing to shut people like you and me out? My gut reaction is FUCK THEM! Go underground, sell this product to those who are willing to give out as much personal information as you would require to ensure that no more leaks as to what you are doing will come back at you. Like I said gut reaction. I have four games translated by some guy at a site that is around no more that bought me as much pleasure to read them as well as fap off too them until my wrist hurts. (DT I miss you!) For all your hard work in the past and no matter what you decide in the future! I will still support you!
I'd say the people who want to use the translation should step out and do a petition to prevent this stoppage of work... prove that you guys bought the game legitimately and only did so because you know Nephrinn will be translating it. Show the game developers that this translation patch is actually helping them in their overseas sales which otherwise would not have materialized due to the language barrier.
He said "I am representative of the work of Devils Devel Concept." instead of "I am representative of Akatsuki."?
Simply forget the troll!
I would argue that most of these companies sending C&D are being irresponsible in a sense. The consequences of these letters are such that majority of us will never be able to read their games, are these companies taking responsibility for this?
No, they aren't. I still don't see why we should respect them when they fling about with their C&Ds without seeing things from our perspective.
Lilith-soft has not done anything to release their games in English. They still haven't.
The other companies haven't either.
Minori and Nitro+ are the only exceptions currently...(Even then, Minori's situation required a lot of opposition to make them give)
The attack isn't limited to the translations. Recently regular manga sites have been attacked and many series have been barred from being hosted.
Well in my honest opinion I think its a fake because usually official representatives tend to leave contact info.
There are indeed cases which was stated above of people who tend to impersonate others.
However japano copyright laws pertaining to economic rights allow the author to control adaptation including translation.
This conflicts with America's freedom of speech.
Regardless you should still follow your hobby Mr. Dark., eventually you will improve greatly and translate games at a company on behalf of them
Much oblige
I would LOL if ErogeShop started suing companies for reducing their profits by shutting down their source of revenue.
Seeing how the top sellers have english patches..and sooner or later everyone will have a copy of Fate/stay night and so many games are getting c&d
-++Profit
one person was wondering how it was so easy to find Sanity and the same group of people earlier on this thread.
I've been around Dar* Tra* since PrisBattleShp was released. I've heard about the closure of the old site and out of the blue I decided to see if there were any remnants of it.
I searched the old site name, found the blogspot, and clicked the link to find Sanity on the blog's main page. 2 seconds of searching.
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I want to say, "keep the faith", neph, but damn if it keeps getting whittled away. Your doing work that brings their work to a bigger audience *for peanuts* compared to a professional line up.
the only ideas i can think of are:
1) try and make negotiations for contracts with them... try and package your translations with their games...
2) move your server to outer-f**king-space...
I haven't read the actual comment, but did they leave any contact information? A company doesn't just leave a comment without telling you how to reach them.
The way I see it is
Patch=More money for them more fans
And yes this is getting ridiculous...
Another reason for me to "Try" to learn Japanese and also cancel my copy of DDC.