Below is a response I wrote to an attorney from Greenville, Delaware (US), who was employed by Mangagamer to threaten me with a coercive take down of a Da Capo III fan translation. The first part of my response is here.
This is the 2nd half.
These advantages (copyright) I mentioned, is in the handing out of exclusive rights to the artist to copy & distribute one particular work. An exclusive right is simply an euphemistic way of saying the destruction of everyone else’s right to copy in order to give the artist an economical advantage, let me explain. So an exclusive right, is not the same as a natural human right. Statutory rights work by necessarily rewriting other people’s real rights.
So say for example.
my legitimate copy of Da Capo III is sitting here on the shelf in front of me. Everything in the box is mine. Including the DVD. The DVD is a physical object and I have a physical property right in the DVD. Here when I say physical property right, I mean that I am justified in the use of (sufficient) violence to thwart any attempts by anyone who dares to intrude on my exclusive use of this object. And that moral justification exists outside of legislature. It is before Any State legislations factor in to the protection of these rights, Before there is even law, I was already entitled to the full use my physical disc in anyway I like, be it to play it, to break it, to play frisbie with it, or to print the data on it onto another disc and then give it out to my neighbour (because the 2nd disc is also my property). Outside of legislature, I am already justified in the use of violence in defence of this piece of property, because it is my property. And that includes my right to copy the disc.
Now Enter 18th century copyright.
Now one of my rights in my physical property, the right to copy, is denied, because a law created by legislature steps in and explicitly takes away those rights that I had in my disc. But not just one right. A total of Six rights are taken away. (ie. copy/distribute, derivative work, sell copies, perform in public, display work publicly, & audio transmission, USC Section 17, chapter 1, para 106). The argument that I want to make is that copyright is necessarily the rewriting of the customer’s real physical property rights (in their purchases) so as to give an economic advantage to the artist or publisher, and therefore, constitutes theft. For all Statutorily-created rights work by necessarily rewriting other people’s real rights. Either we fully respect real physical property rights, or we rewrite real physical property rights to make way for copyright. There is no in between. [see thomas paine rights of man]
We are all born with the right to copy – today as well as prior to 1709. It is merely a law that says otherwise, that this right should be annulled and held, by exclusion, in the hands of ‘copyright holders’ for their commercial exploitation. It is not that people abuse copyright, and are even now, trampling on the author’s humananity into non-existence, but that copyright abuses people. In fact, you can deduce this in just a couple of sentences:
“Copyright grants its holder certain rights.”
What rights does copyright grant to the holder?
“The right to produce copies or reproductions?”
No, the holder already can do that. He does not need the government to tell him that he can.
“The right to make adaptations and derivative works.”
No, again the holder already can do that.
“The right to perform or display the work publicly?”
Again, this isn’t a right being granted to the holder, he is permitted to perform the work as he sees fit. None of these rights are granted to the holder by copyright law; they exist independently. What copyright law does is take away the rights of everyone else to do these things.
That is why I can make the moral argument that I have a right to improve on my own purchased copy of Da Capo III, and then share those improvements to whomever I wish, but that these rights were merely annulled temporarily by the State for a default total of 14 years…. (*cough*) ahem… I mean life of artist + 50yrs.
The last argument I make is that freedom of speech, is incompatible with copyright.
“Congress shall make no law… prohibiting the free exercise thereof; or abridging the (people’s) freedom of speech,”
It does not say, “Congress shall make no law prohibiting the free exercise or abridging the freedom of speech, unless someone wants to repeat someone else’s speech.”
Stopping people from repeating each other’s speech IS abridging the freedom of speech.
So these people cannot even obey the very first law in their lawbook. [See No Law: Intellectual Property in the Image of an Absolute First Amendment]
Anyways regardless of my views, I have done as you’ve asked. All localization efforts have been ceased and all distribution stopped (including seeding of the torrent).
After all, you are the one with the guns.
First half is here: http://visualnovelaer.fuwanovel.org/2013/03/da-capo-iii-fan-translation-cease-desisted-by-mangagamer