im in no way making a legal defense of fan TL in any way, I'm fully aware of the legality or lack there of as well as the fact that should someone decide it was truly worth their time they could fuck over a fan TL group pretty easily. I'm also making no claim of rightful ownership over any manga, fan TL is piracy with extra steps I'm not stupid enough to not see that. the reason i brought up the potential consequences of participating in fan TL was because some people were insinuating that by having a patreon we were somehow significantly increasing the odds of getting struck down by a publisher, it was specifically compared to how other groups will sometimes ask people to not repost their translations on social media. but to me having your translations posted on a big "shoujo manhwa" instagram page or whatever and simply having a patreon are several magnitudes different in terms of the increased odds of getting smitten from on high by the whims of a publisher and or patreon itself.
I also feel the need to restate, we only upload to mangadex and patreon, the versions on patreon are the exact same as the ones on mangadex, we dont have a website nor do we participate in any of the other business practices you talked about. all we are offering is early access as soon as the chapters are finished rather than a set amount of time before they are posted on mangadex. I also fundamentally disagree with the characterization of the group as a for profit business, at most id classify it as a non profit organization.
I will respond to this and then drop it as I see no reason to argue further.
I agree almost entirely with your first paragraph (almost in it's entirety).
But I must disagree with your second paragraph. While the group certainly cannot be classified as "for profit" in any sense, unless someone keeps any "left over" money, it can still easily be classified as a business. The group has a product and is asking for money to receive said product. The product is the withheld edited characters, the payment is to the Patreon page.
No, it doesn't matter that this product is given for free after a certain amount of time. Plenty of business provide one or more of their "for sale" products for free after a given time. An example, if so required, is Panera Bread, who gives their "for sale" bread and pastries to homeless shelters and other such entities at the end of each day. I would present other examples but am on a phone, limiting my ability to research... And I really don't want to spam a wall of text...
The issue at hand is the "pay us and get something" and the 'something' is the issue.
The second part that makes this group a business is that the "employees" receive compensation on the form of money, or monetary gain. If they did it for free and were not paid by, what is effectively, a (very) "part time" employer, then it would be less liable to be considered a business.
But
even then it isn't so much that I have a problem with the "group members" getting paid. It's that the group is basically saying "buy our advance chapters, so we can pay our" [employees].
If it was "donate", I wouldn't have a problem. But it isn't, it's "buy from us".
Finally, I feel that I must say, back when bato.to was it's former thing I took issue with the reaction to an individual who found the translation for a number of characters of a particular manga, found, edited, typeset, etc, those translations into the chapters and uploaded them. They did NOT receive permission from the translator to do so, but made it clear in each chapter that they had tried to find and contact them.
They were COMPLETELY and ABSOLUTELY
demonized by the majority of the community. Why? What had they done so wrong to receive such treatment? Well, stolen and uploaded without permission of course... The
irony, the
absurdity of it all.
Unlike the person who uploaded their translation to what was very clearly an insecure location, the individual who uploaded to Baton.to at least attempted to get permission. Yes, they ultimately FAILED to do so, but it was no less illegal or ultimately wrong than the translator; in fact I would argue it was
less wrong. The translator should have emailed their translation to the person who requested and/or paid for it, not posted it to an insecure location that practically anyone had access to (translating alone is not illegal, hosting it publicly for anyone to access it is. Translating for an individual's singular consultation is fair game.)
My problem is the idea of inherent rights to what people very clearly have absolutely no right to what-so-ever. It's the idea, or outright statement of "I own this and can do whatever I want with it" when they very clearly don't.
To a lesser degree I am also bothered by people using images and not CREDITING the image.
There, I'm done. I'm sorry for the walls of text. I would spoiler some of it to make this smaller, but, again, on a phone...