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By the way, have you ever heard of "fair use"? I'm referring to this rule:
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As a point of information, the Fair Use Agreement is a legal concept in the USA, it's NOT the law in Japan - where the vast majority of images posted generates and publishers are rather obsessive about copy right - nor, to the best of my knowledge, in Estonia, the physical location of this board or, again to the best of my knowledge, at this point in time, anywhere in the EU at all.
So, you're argument simply does not apply to the current situation.
However, there might be ways how an overall disclaimer might be implemented in a way that should cover the issue, at least to show good intent, though it still wouldn't protect Sander should any of the Japanese publishers decide to sue.
But why would they sue? Seriously, do you REALLY think we're top priority on a list of copyright infringers in the X Japan fandom? A fandom where a bootleg became an official release and doujinshika have been encouraged to engage in their behaviors?
I am convinced one of our worst problems here is a case of projection. Fans who want to "protect" or "angelify" or whatever ascribe their own uptight, "I sat on a quite large vertical cactus today" ideals and behavior to the band members, who most likely do
not share this kind of uptight, onerous (or should I say obsessive) behavior and concern for law/American or Japanese conservative mores/"being good."
Let me give an example of this. Yoshiki drives drunk. It's a documented fact that he does. He's admitted to one incident in a 1995 interview, the one where he plea bargained to reckless. He had an actual DUI conviction as well later; which is on file in the state of California if anyone, unlike me, wants to bother to pay to look it up. Not only that, people around here have described near-accidents involving him and seeing him show up/leave concerts entirely wasted while driving his own car. (Yes, PN, if you can pull the OMG I LIVE IN Japan card, I can pull the OMG I LIVE IN LA card.)
Now, let's say that the hypothetical you (the fan engaging in uptight projection) believes that drunk driving is one of the worst crimes anyone can ever commit. You may very well convince yourself that Yoshiki is too perfect to drive drunk, despite overwhelming proof he does. You may even convince yourself all of those charges were "overblown" or "a conspiracy" or some such.
Hell, even if you're angrily driving along someday in LA and suddenly, out of nowhere, a black Ferrari with "EXTASY" license plates swerves into your lane and smashes into your car, and Yoshiki staggers out smelling like wine and holding a half-empty bottle in his hand when you exchange license and registration, if you're "good enough" at projecting your hate of drunk driving onto him, you could PROBABLY convince yourself he wasn't driving drunk, no way. Because good people don't drive drunk and Yoshiki is a good person. :roll:
Honestly, that's why this kind of projecting behavior pisses me off. It reads individuals as good/bad, black/white, when the members of X Japan were not so easily definable and nor is the fandom of the band.