Tsukui Kazuhito (a.k.a SOSOSO P), who wrote his blog post is NOT a specialist of copyright laws. Though, if we decide everything with amount of knowledge about laws, we can't say/write/open any ideas. Please be care about this: this article is not about Copyright Act /intellectual laws.
Tsukui Kazuhito's blog post: http://sss.s-tribe.net/?p=312
First of all, when someone opens one's cultural products online, there's no certain laws for that action. Various people, companies and learned men think/act for secure protection of/violate it.
If you need more knowledge, please check this.
Copyright Act (Japanese version) http://hourei.hounavi.jp/hourei/S45/S45HO048.php
Japanese/English version http://eiyaku.hounavi.jp/taiyaku/s45a04802.php
What's the problem of "Hatsune Miku sound"?
A couple months ago, Tsukui came across to one free iApp "Hatsune Miku sound".
It was made by one person. That app was seem to "make easy your watching VOCALOID PV in Niconico-douga. And extract sounds from it." There are many introduction articles for this iApp. If you are interested in, please check them.
初音ミクみく ? 出た！iPhoneアプリ「初音ミクさうんど」がリリース
AppBank ? 初音ミクさうんど: 初音ミクなどのVocaloid楽曲を楽しめる音楽再生プレイヤー。無料。
On the other hands, the app has problems.
1. It violates character license of "Hatsune Miku". Using the name and official illustration. But there is no evidence of allowance from copyright holder. When user who wants use the name of VOCALOID character( of CRYPTON FUTURE MEDIA, INC.), user must follow PIAPRO Character license(a.k.a "PCL"). User can't make money on using characters name/picture.
2.It changes App's name into "Miku sound" and put a price on it. And from some review, the free version service has been stopped. Even if the title changes from "Hatusne Miku sound" to "Miku sound", it has same functions. And more to be emphasized is, it violates one other license. The license is called "PIAPRO Link". When user wants to make something with VOCALOID character( of CRYPTON FUTURE MEDIA, INC.), and user get some money with non-commercial purpose, they must follow it. Of course, the length and width of "non-commercial" has various cases. If you are anxious about it, you should ask CRYPTON FUTURE MEDIA, INC..
The free app has a value that spreads VOCALOID music to many people, in a point of view. Tsukui thought so, and stop to complaining about app ( but not consent its activity completely). Tsukui says, "If the App vendor wants to be 'non-commercial' fan activity, he/she can insist so. The copyright holders are tend to not plea of guilty. The reason may be the lawsuit cost become higher than compensation."
The priced app has some troubles in its "gray" copyright treatment.
From some of review ( http://blog.livedoor.jp/yotalog/archives/51746655.html ), this app's service server costs 150 thousands yen/month(1,952$ or 1,410 euro at Oct,19 2011). This app is not a monthly paid service. One download costs only 350 yen(4.56$ or 3.29 euro), that's all. That needs over 400 downloads per month. Could it upkeep those amount of sever costs? That is a interesting question.
Near future, this app will go bankrupt. Does the app-maker know what to do for customers? The app-maker's twitter comments show "no knowledge, no respect and no responsibility".
Assume this app wouldn't go bankrupt, even more it could gain over 150 thousands yen/month. Then, the app-maker has no duty of payback to the copyright holders/musicians. "There's no contract, no duty" is the reason. Is that a kind of pirating, isn't?
This app "free ride"s other free services "Niconico-douga". It violates three rights. First is the Nikoniko-douga's public transmission right. Second is the publication rights of music/movie maker. Third is the Weekly VOCALOID ranking's copyrights, with using its ranking data without authorization.
In the end, the app-maker never gets authorization from anybody. Though, he/she make money on utilizing from others contents/products/services. There's no contract, no payback and no future support for users.
I love this user-ground contents "VOCALOID" musics, PVs, illustrations and MMD PV. Enjoying to share the fun with many friends. Tsukui wrote it "chain of goodwill", and this app cuts the chain without authorization "arbitrarily". For share VOCALOID music, there are more "copyright cleared" way now. "PIAPRO beta" and "Mikubook" are official free services. There must be more creative application for who want to link high-quality musics, not violating others rights. The real creative code-wizard can conquer the little protocol of authorization easily.
"As a creator, who is called 'technologist', please find the non-money value in VOCALOID culture."
Kirimisakana 14:07, October 19, 2011 (UTC)