Nijisanji declares Total Retard War on Dokibird

[mysticdreamlife]

I realise that they kind of have to post birthday tweets, but I expect activity to start returning to normal soon enough.

To be fair the replies have been reasonable in comparison to last time, since Scarle doesn't want to get involved in this mess.

 

[Limkin]

I know she is fat but you don't have to be so obvious about it

 

[MerelyTourist]

So, TLDW on JP laws from Andrew: it's all the same as CA. Doki is unquestionably employee, her privacy rights were unquestionably violated, and as she is employee - her contract was terminated illegally, among other things. And niji possibly never had any IP claims on the MV to boot.

 

[Xuhle]

So, TLDW on JP laws from Andrew: it's all the same as CA. Doki is unquestionably employee, her privacy rights were unquestionably violated, and as she is employee - her contract was terminated illegally, among other things. And niji possibly never had any IP claims on the MV to boot.

The IP law is really the only thing that is questionable at this point, cause from what I understood they might have moral claim to it.

Also the JP branch might have a non-compete clause that is only viable in Japan, going abroad it would not be.

 

[Security]

And niji possibly never had any IP claims on the MV to boot.

That would surprise the fuck out of me, as the MV is full of Nijisanji IP. What was Andrew's argument regarding this?

 

[Pencilfreak]

Enna will be holding a NieR fan concert on Wednesday, a bit perplexing as I don't recall her talking about the game at all.

Anyways she's bumped up the chat requirements...
View attachment 64196
Which leads to chat wondering where are some of their regulars:
View attachment 64197

You know what else is odd about this? She usually deletes negative comments, but she left out this one and halt the comment section.

Edit: I forgot to mention, this comment is from her previous stream.

 

[frz]

So, TLDW on JP laws from Andrew: it's all the same as CA. Doki is unquestionably employee, her privacy rights were unquestionably violated, and as she is employee - her contract was terminated illegally, among other things. And niji possibly never had any IP claims on the MV to boot.

i'd take ruckles word over andrew

 

[Xuhle]

i'd take ruckles word over andrew

He's not talking about Canadian law, he's talking about JP law.

Plus he would defer to runkle because he is a Canadian lawyer as well.

 

[MerelyTourist]

That would surprise the fuck out of me, as the MV is full of Nijisanji IP. What was Andrew's argument regarding this?

But audio is not niji IP, and can't be. Art part is total clusterfuck though, becasue a hunderd of artists own copyrights on it too. And then a factor of original publisher (which is for all intents an purposes is a person, not company).

 

[Xuhle]

Have a timestamp for that?

I'm going to timestamp his fourth stream with the defamation laws, copyright laws and labor laws. That kurosanji might be breaking JP laws as well if that's something of interest.

 

[Security]

But audio is not niji IP, and can't be. Art part is total clusterfuck though, becasue a hunderd of artists own copyrights on it too. And then a factor of original publisher (which is for all intents an purposes is a person, not company).

I'm referring to the Nijisanji characters (Selen, Pomu, Nina, etc.) Those are property of Any Color.

Alongside that, what was the contract? Was it like how software corporations often make it so any code you write belongs to them? If Selen (and even more specifically, as Selen) produces a song, does it automatically belong to Any Color?

 

[Superduper Samurai]

I'm referring to the Nijisanji characters (Selen, Pomu, Nina, etc.) Those are property of Any Color.

Alongside that, what was the contract? Was it like how software corporations often make it so any code you write belongs to them? If Selen (and even more specifically, as Selen) produces a song, does it automatically belong to Any Color?

i think one of their music based chuubas quit because she didnt get any ownership of music produced while under Niji, but i think that seems to be standard with Chuuba companies

 

[famous artist pipkun]

So start of Andrews stream today, after his superchat reading. @famous artist pipkun hey guess what Japan has a very similar privacy protection to PEPETA, they even reference it in the law to make it that similar. Even worse the Japanese law protects privacy cross boarders.

Also Andrew has a react if pekora saying fucking monkey. I hope he uses that for @The Nousagi tomorrow when he covers wactor.

link the stream

 

[Xuhle]

link the stream

 

[MerelyTourist]

I'm referring to the Nijisanji characters (Selen, Pomu, Nina, etc.) Those are property of Any Color.
Alongside that, what was the contract? Was it like how software corporations often make it so any code you write belongs to them? If Selen (and even more specifically, as Selen) produces a song, does it automatically belong to Any Color?

Most likely, but this is not necessarily clear-cut situation. MV is joint project that was worked on by many people that have no work contracts with tardsanji, only dubious NDA. Video editor have no less of copyright stake in it, than Niji, Doki or Lilypichu. So no, niji copyright is not absolute. Nor "any code you write" is absolute.
i.e. if law of your country state that copyright ultimately belongs to author and can't be ceded at all (only exclusive rights to use can be traded) - then contract clause will be invalid.
Oh, and very important parts: making MVs is not obligatory part of the contract and Doki was not compensated for MV. So yeah, terminating contract for publishing it is probably ok, but if Doki decided to republish it herself now - niji will have reaaaaally hard time proving the copyright claims. And this is also why they can't actually copystrike reuploads - they have no proof of ownership.

 

[famous artist pipkun]

this is weeb wars for vtubers, this is what made rackets famous. are work communications private? is selen an idol? none of this brought up. Good for legal eagle, grifting the anti niji crowd for fast cash, hope he doesnt drink himself retarded.

whats the case law for the "liking a tweet isnt defamatory" shit? westlaw japan case id: 2014WLJPCA03208009

 

[MerelyTourist]

are work communications private?

Yes they are.

is selen an idol?

irrelevant

 

[Xuhle]

this is weeb wars for vtubers, this is what made rackets famous. are work communications private? is selen an idol? none of this brought up. Good for legal eagle, grifting the anti niji crowd for fast cash, hope he doesnt drink himself retarded.

whats the case law for the "liking a tweet isnt defamatory" shit? westlaw japan case id: 2014WLJPCA03208009

Work communication are private from the JP law,.

Like I get people don't want to sit through his because he breaks up reading things with the super chats. Are we seriously though just going to dismiss everything because we want to hear it from the baldo, who in his own words before doesn't research shit.

 

[famous artist pipkun]

Yes they are.

irrelevant

Work communication are private from the JP law,.

Current Topics of Japanese Law No.2022-3 “Japanese Law and Social Media” （Ruben E. Rodriguez Samudio (Assistant Professor, Graduate School of Law））

Japanese Law and Social MediaRuben E. Rodriguez Samudio(March 10, 2023) I. Introduction Since the 1990s, Japan has had a very a...

www.waseda.jp

heres the thing he read. dont see anything about work conversations being private.

e:im reminded that selen recorded vox for something blackmailish

 

[MerelyTourist]

Current Topics of Japanese Law No.2022-3 “Japanese Law and Social Media” （Ruben E. Rodriguez Samudio (Assistant Professor, Graduate School of Law））

Japanese Law and Social MediaRuben E. Rodriguez Samudio(March 10, 2023) I. Introduction Since the 1990s, Japan has had a very a...

www.waseda.jp

heres the thing he read. dont see anything about work conversations being private.
e:im reminded that selen recorded vox for something blackmailish

It does not specify, thus all communications are private. Further, it doesn't limit it to 2 people, any small enough group considered as private conversation. How small is small, is for judge to decide case-by-case i guess.