Ask John: Why Are Some People So Adamantly Opposed to Fansubs?

Question:
Why are so many people against fansubs? I understand that it hurts the industry in the sense of downloading anime for free instead of buying the DVDs, but for hardcore fans that want to be up to date with all the cool new series rather then waiting until they come out nine months to several years later, why is that so bad?

Answer:
From a purely objective standpoint, fansubs and unauthorized fan distribution of anime is illegal. Anime is protected by international copyright law, and any sharing or other distribution of anime without express permission from the legal owner is a violation of international copyright. Whether or not an anime is licensed for local release is irrelevant. Fans may argue that it would be impossible to watch current anime without fansubs and underground distribution, but that’s precisely the point. International fans have no legal or moral right to watch anime that isn’t officially available in their country. Thousands of fans worldwide are currently watching shows like Death Note and Kanon, but technically these shows are supposed to be available only to viewers within Japan. Limiting the availability of new anime may not seem fair to international fans, but Japanese distributors and broadcasters have no obligation to accede to the wishes of international viewers. On the contrary, international viewers have a moral obligation to respect the wishes of Japanese distributors and broadcasters and refrain from watching any anime that isn’t intended for their consumption.

But insisting that anime fans refuse to watch interesting new shows is virtually an exercise in futility. I believe it’s a natural instinct for anime fans to be curious about brand new anime. And I think it’s a natural human instinct to be curious about anything that’s withheld from view. A certain percentage of international critics object to fansubs because they are literally a violation of international law. Furthermore, the act of sharing anime without authorization is a contradiction of the apparent wishes of Japanese artists and distributors. Opponents of fansubs also argue that fansubs cannibalize profits that rightful belong to Japanese artists. Viewers who use fansubs as a substitute for buying legitimate DVDs deprive anime artists of the revenue they deserve and need to continue working.

Proponents of fansubs and unregulated distribution argue that free distribution creates awareness and demand for anime, ultimately increasing sales and revenue for the anime industry. The availability of fansubs may stifle or stimulate demand for particular titles, but on an industry average, viewers who are familiar with anime are more likely to purchase anime than viewers who have no exposure to anime. Opponents of fansubs have a moral and legal basis for their position, but I do believe that many of the most vocal and adamant opponents of fansubbing are motivated by feelings of moral superiority more than a philanthropic desire to protect the rights of artists. Proponents of fansubs are obligated to accept a compromised morality and sacrifice some degree of ethical responsibility for selfish desire. Viewers who condone fansubs know (or should know) that they’re possibly contradicting the wishes of Japanese creators. Viewers who watch and support fansubs value their own fulfillment above the wishes of Japanese artists and distributors. But fans who support fansubs also do so as a means of generating more interest in anime and more support for the art form.

Ultimately, the reaction to fansubs is personality conflict. Critics of fansubs perceive fansubs in strict black and white, legal and moral versus illegal and immoral absolutes. Critics of fansubs may also take offense to proponents who attempt to justify their support of fansubs or those who mistakenly or ignorantly believe that their actions are justified and morally right. Average proponents of fansubs, I think, perceive fansubs in shades of gray. Fansubbers and fansub proponents often know that fansubs are illegal, but weigh strict legality and morality on a scale of relative benefit. Proponents of fansubs believe that fansubs have both harmful and beneficial characteristics; therefore responding to fansubs in strict absolutes is counterproductive. If fansubs didn’t exist there would be less video piracy and copyright infringement, and anime creators would receive accurate and appropriate payment for their work. But if fansubs didn’t exist, there would be fewer anime fans, and anime wouldn’t be as popular or profitable as it is internationally. I respect the right of opponents to maintain a strict opposition to the existence of fansubs. Opponents of fansubs are motivated by respect for intellectual property rights, respect for artists, and respect for the letter of law. However, in the case of fansubs, I personally believe that a more flexible perspective is more valuable and useful in serving the interests of both anime fans and creators.