Sorry for another anime/manga-related post, but a thread on Twitter reminded me of some Apple misdeeds that need rectifying. It started with a pair of tweets, first from Zac Bertschy of Anime News Network:
I’m sure this has been asked a million times, but why are there so many goddamn bootleg manga apps on the iOS store?
And then a follow-up from social-media expert and publisher Erica Friedman of Yuricon:
@ANNZac I’ve tried to write Apple/Google about the links to bootleg sites. Neither has a reasonable way for reasonable people to complain
So let me back up a second… what we’re talking about are dedicated apps that read “scanlations”, which are comics (usually Japanese manga) that have been scanned, translated by fans into English, and posted for free to various websites or made available through channels like BitTorrent.
Zac righly calls this “bootlegging” because there is no question that copyright violation is involved. Entire works are being digitally redistributed with zero compensation to the original authors or publishers. What can make this a gray area is a question of whether or not any actual harm is done: if the work is unavailable in English, nor likely to ever be, then how can a scanlation eliminate a sale that could never be made? This is a fairly bogus defense because (as we’ll see), the untranslated works are just a minor part of the story. Moreover, we could apply the established tests of “Fair Use” under US copyright law, such as:
- Is the new work “transformative”? In other words, are we using the original to create a fundamentally different thing?
- How much of the original is being used?
- Does the copying impede future sale of the original work? Does it harm the creator?
Guidelines like this permit use like, say, presenting few pages of a comic in the context of a critical review or an academic paper: fundamentally new work, small amount of copying, doesn’t replace the original (and might actually drive new interest and sales). And obviously, a scanlation fails every one of these tests: it’s a full-on copy that changes only the language, and fully replaces a translation the original publisher might provide. It’s also been pointed out that scanlations are harming the development of a legal digital manga industry in the US. Scanlations would have zero chance of surviving a legal challenge.
So why the hell is Apple in the business of distributing them on iOS?
manga on the App Store and you’ll get dozens of hits. Most of them are apps for downloading and reading scanlations on your iPad or iPhone. For the purpose of this blog, I tried the free versions of:
Note: these are not affiliate links. I wouldn’t want a cut of their sales, since I consider them illegal and illicit.
Most of these apps get their contents from three scanlation websites: MangaFox, Mangareader.net, and MangaEden. Some of these sites play at supporting the source of their titles by slapping in pseudo-legal disclaimers and vague admonishments to somehow support artists as seen on this page of The Rose of Versailles:
This image is hosted at mangafox.com. We take no credit for the creation or editing of this image. All rights belong tot he original publisher and mangaka. While we hosted this for free at mangafox.com, please don’t forget to support the mangaka in any way that you can once his/her work becomes available for retail sale in your region!
Some of these sites also adhere to an ethic that they don’t host scanlations of titles that have been licensed in the US. In this screenshot, Manga BDR (which awkwardly makes you browse MangaFox rather than scraping its index) shows an notice that Fullmetal Alchemist is unavailable from MangaFox because it has been licensed in the US:
Does this mean there’s honor among thieves? Hardly. The sites are still violating the original Japanese copyright of the titles they do offer. And they’re not living up to the implicit promise to make obscure titles available to a wider audience — the Rose of Versailles manga cited above has not been completely translated, despite being more than 30 years old. And wherever Manga Rock gets its data from, it has no compunction about offering up titles that have US publishers. Here’s Manga Rock 2 offering Fullmetal Alchemist in its entirety:
Not only is this stuff illicit bootlegs, these apps are popular because they allow access to pirated manga. Every single one of these apps advertises itself on the App Store with screenshots of browsing popular titles that have US publishers: Manga Storm shows Fairy Tail, Manga Rock shows Fairy Tail, Air Gear, and Negima!, and Komik Connect shows Bleach and Naruto. And the users use these apps precisely because of their illegal nature: the one-star reviews on Manga Storm don’t complain about it ripping off artists, but because it lacks US-licensed titles (due to its dependence on MangaFox and friends), and because it’s a paid app.
And speaking of the paid versions…
Apple gets a 30% cut of every sale of the full versions of these apps. That makes Apple a direct beneficiary of copyright piracy.
Everyone who stood up to say Apple does more to support creators than Google and its cavalier attitude towards IP rights, you can sit down now. So long as these apps are available on the App Store, Apple is complicit in piracy.
It’s fair game to criticize Apple for these, when the company has such a stringent review process. When it’s so careful to consider what it will and won’t sell, approval of an app has to be considered an explicit endorsement, particularly considering Apple gets a cut of the sales.
And that’s what makes it all the more galling:
The last of these may be the most galling. Erica Friedman again:
I went on a rant about why is it okay with the those of you who like shiny things that Apple just told DMP to take their BL off the iPad app? WHY?!? If the TV hardware manufacturers told you what TV stations you could receive, you’d be enraged. When your work blocks sites, you find ways around it. So why the hell is it okay will all you Apple fans that Apple censors content? I cannot understand why you are not screaming at all, much less loudly? APPLE CENSORS CONTENT. Especially LGBTQ content. Why are you still giving money to a company like that? People boycott BP and Chik-Fil-A and Target…but are absolute sheep about Apple’s censorship of content. ARGGGGGHHHH.
It’s as if Apple is saying “we won’t let anyone sell you gay manga for your iPad, but we will sell you tools to help you steal the stuff.”
This has to stop.
If nothing else, these apps are in obvious violation of section 22.4 of the iOS App Store Review Guidelines:
22.4 Apps that enable illegal file sharing will be rejected
Apple apparently won’t listen to third-party criticism (people have been calling attention to these bootlegging apps since at least 2010: 1, 2, 3), but there are channels that aggrieved parties can use. Viz and Yen Press have legitimate iOS apps for their manga titles. Since Manga Rock 2 makes bootlegs of those titles available (I saw Viz’s Fullmetal Alchemist and Yen’s High School of the Dead), these companies could use Apple’s dispute policies to at least have Manga Rock 2 taken down.
Beyond this, it’s hard to see what will work. Via Twitter, Erica noted yesterday that most US manga publishers are too small and operating on margins too thin to follow up with DMCA takedowns, and Apple may be technically in the clear on DMCA because they’re not themselves hosting the offending content.
However, since Apple’s making money off the sale of the apps used to pirate this content — in clear and obvious violation of their own policy — another option is that the Japanese publishers might want to sue Apple directly. They would presumably have more legal resources to stick with a lawsuit, and with Apple deaf to criticism, maybe it would take a few subpoenas to call their attention to the fact that making money off piracy is an awfully dirty business for one of the world’s largest and most prestigious companies to be involved in.
For the sake of Apple and the creative community, these apps need to disappear forever.