@InfiniteVerisimilitude
You don't sound like an asshole but you do sound like a naive schmuck who also ultimately has zero skin in the game and won't be the one in the firing line should a rightsholder get properly pissed. We're lucky as all hell that the rightsholders in manga have been as permissive as they have been. If most manga rightsholders were like Disney then sites like Mangadex would be dead like a lame cow in piranha infested waters.
As someone that's followed instances where people have fought for Free Use (sometimes PURELY to establish favorable legal precedent - which is important in its own right), I have to say that you're coming at this from the wrong angle. You see pirating, basically, and you think this is the equivalent of Disney lawyers sending out notices for people torrenting the latest films because they're tracking IPs.
No. This does qualify as Fair Use. And even in the VERY RARE circumstances where fan translator groups are DMCA'd... they have not been sued merely because of translating (ironically, some of the Patreon minded translation groups that want to use releases as a means of donation rewards are flirting with trouble because any decent lawyer is going to point out you're de facto for profit then). I remember that the Haganai LN translation team got hit with a DMCA because the author flipped their shit (not only in reaction, but also in how they nosedived that franchise straight into the fucking dumpster fire it became) because they were ahead of the official licensed English material and didn't agree with how it was translated or something. The translation team, not being copyright lawyers or rich guys translating for fun, wisely decided to not fight the DMCA even though they technically could have (at great expense that wouldn't have been worth doing so except to establish precedent). At no point where they sued, in any sort of legal trouble or anything.
Without Fair Use, you'd have a point. But we live in a world where most often that can apply. And there's about 30+ years of case law/legal precedent to pull from to defend yourself with and to showcase how scanlators do fall under Fair Use. In general, anyways. Going back to the whole "donations = releases" that some (especially web novel translators, for some fucking reason) groups use is no bueno. And we have law to back up why that is -
Princeton University Press v. Michigan Document Services where basically a discount Kinkos started selling licensed photocopies of various pieces of copyrighted (and uncopyrighted) work. As it turns out, advertising you sell photocopies of required reading from course books as packages is incredibly god damn dumb and a good way to piss off publishers and license holders. And, oh yeah, because you're operating as a commercial enterprise it's not Fair Use.
But scanlators that aren't trying to make money off it have two things going for them. One, it is transformative work because you're localizing it in order to adapt for language and cultural differences. And, oh, by the way - all that thankless work of redrawing, cleaning, shading and typesetting? That helps to prove even moreso that it's transformative work. Secondly, the impact to the original market and loss of potential value. In which your work is the only English version available... the answer is not much, if at all. And if any publisher or license holder wants to argue that they will publish in full, simply point to the myriad of dead series that have not received anywhere near full English license releases despite years and years going by and several volumes already being released. I can't tell you how many times I've seen a dropped scanlation manga that I wanted to read was licensed at some point... only to find out that many times the scanlation group was ahead of the officially licensed English content or it was only 1-4 volumes at most of a much larger series that got released.
Now, Mangadex is more relaxed around licensed manga than some previous aggregators. I personally appreciate this but if a rightsholder asks for something to be taken down then I much rather MD take it down then getting embroiled in acrimonious disputes which also make rights holders less likely to tolerate scanslations etc in general
It's not really worth the money for MD to fight a DMCA about a licensed manga. That would take many hundreds of thousands of dollars and many years (which would require having lawyers on retainer, case research, ect. which would be even more expensive) and all for something that would just only help, realistically, establish case law. The whole "pissing off license holders" bit is superfluous. Those assholes are never not pissed off and attempting to sue or DMCA someone over something. Don't be concerned about pissing them off. If they had their way, you'd be thrown in debtor's prisons just for walking into a library. They're pissed merely because you and I
exist and aren't emptying our wallets into their coffers.
If scanslation groups are assholes like that then on their head be it. Frankly, I won't follow them off this site. I also hope that they will eventually get their comeuppance. That is a different topic though in this particular case we're talking about Mangadex not hosting the manga and linking to the site of the rights holder instead.
No, no, no, please. That's not correct. This is why I said this has NOTHING to do with licensing:
https://mangadex.org/group/9097/mangaplus/comments/
Mangadex linking to the officially licensed version has NOTHING to do with licensing issues, but it's merely Mangadex offering the only alternative that they can because the group that was handling the scanlation of the series for all this time threw a fucking hissyfit because they weren't getting enough Patreonbux and they want you to visit their site and hopefully donate because of it. If, right now, you - InfiniteVerisimilitude - Google Translate image translated the latest raw of "We Can't Study" and edited and typeset it so it was a full English release - Mangadex would not take it down. You're free to do so. It's just that no one wants to put in that work because it's already being translated and released. And, like it or fucking not, Jaimini's Box can't stop other manga aggregators from uploading their content. As far as I know, Mangadex is the only site where scanlation groups can ask for their content to be taken down... and it will be. Kissmanga ain't gonna give a fuck or do shit (especially when, for reasons I will never understand, so many people still use KM despite their god awful porn ad/malware ridden site that attempts to go Skynet on you if you have AdBlock, and you can bet KM is going to make more money on ad revenue in a day than Jaimini's Box makes in a year). Mangafox/whatever-site-popped-up-this-week isn't going to do anything. Mangadex is the only site courteous enough to extend that offer (again, correct me if I'm wrong). THAT'S why you don't see Jaimini's Box releases of "We Can't Study" here. Nothing to do with licensing. AT ALL. It's because they were the ones that threw a fucking hissyfit because they got greedy and took their ball and went home. And, even then, Mangadex did as they asked despite it only hurting them.
Again: Jaimini's Box are who we should be focusing our ire on. Not Mangadex. Not the publishers/license holders/lawyers (...okay, we can hate the lawyers, too). Jaimini's Box are the sole reason all this shit happened. Blame them.