Manga Piracy Website MANGADEX is Going Corporate
Mangadex, the household name for one of the world's largest Manga Piracy websites that is still running (if not the largest after the shutting-down of (
bato.to), is Going Corporate, but says it "promises not to become another Crunchyroll"
Most of this information is not entirely new, but this is meant to compile what we have known and contextualize it with newer information.
Legal advice from NamiComi, current owner of MANGADEX UK LTD, is likely the decision-maker for recent changes in Mangadex regarding censorship.
While it is not 100% certain whether or not Mangadex UK is the same legal entity as the website Mangadex, this is the company registered to limit liability on the owners. By definition, a corporation with privately owned shares. And the framework of MANGADEX UK LTD directly affects the website from a legal standpoint.
While Mangadex UK LTD is already a legal corporation, "going corporate" refers to the process of becoming a fully legitimate, legal business.
Retracing back to last year, Mangadex handed the management of their platform to NamiComi after being hit with over 7000 DMCA takedown notices. They stated that NamiComi has the legal framework to ensure long-term sustainability for the Mangadex hosting platform.
"NamiComi has accepted to take management of the site and its domain; no transaction was performed.The recent shutdown of various aggregators has driven an accelerated growth of MangaDex. While we have historically received low volumes of takedown requests, that number has increased to such a degree that we can no longer handle it ourselves. NamiComi has the necessary legal framework to move forward and ensure the long-term sustainability of MangaDex."
When Mangadex says that they will not become a Crunchyroll, what does this mean?
They're likely referring to the subscription service behind Crunchyroll and trying to make a generous profit off of consumers:
"MangaDex has long defended that the content should be accessible for free."
The framework of trying to remain non-profit means that they are using ADs to stay afloat. That being said, a LTD is a for-profit company registration type. Whether that is just so that authors can still receive profits while they receive the minimum for operation costs is not clarified.
According to their FAQ, it appears that they will remain non-profit to not "turn into a Crunchyroll."
Update: One of the Mangadex staff that pushed for this shift, presumably Dr. Henry Hanxuan Lin, one of the legal shareholders, is reportedly set to make money in a for-profit sense from this corporate shift as one of the officers listed with NamiComi.
Now, the other main issue for many now becomes censorship.
As the company is currently subject to the laws of the United Kingdom, the UK’s Online Safety Act is likely a reason for the accelerated removal of sexual content by Mangadex that appears to involve minors, because the Act pressures platforms to avoid harmful/illegal material, as it has gone into full effect as of this year.
In addition, the Coroners and Justice Act 2009 — Sections 62–65, prohibit the sexual depiction of anything depicting the appearance of a child, including drawings, (by either age or appearance) and has clauses to include images/video for non-photorealistic depictions as well. And in the UK, they ultimately define a child as anyone with the physical possible appearance of being under 18 if not stated otherwise.
Ultimately, what we know is that Mangadex has gained the legal framework to inch towards legitimacy, leaving piracy slowly over time by gaining indie author permissions and legitimate licenses. And doing this requires them to follow UK censorship laws if they are to run a legally-protected business and not another
bato.to
There is a bit of gray area as NamiComi follows US law, as well. Which may have Mangadex in certain circumstances be subject to one or the other or both, as the website per its terms and conditions states that it is subject to US Law.
Sources:
https://www.legislation.gov.uk/ukpga/2009/25/part/2/chapter/2/crossheading/prohibited-images#:~:text=62Possession of prohibited images,a series of images, and
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https://repository.essex.ac.uk/20451/1/akantoniou_pioc_2013_77(4)_JCL_337-253.pdf#:~:text=Section 62 of the Coroners and Justice,conversion into a moving or still imageor still imagehttps://www.legislation.gov.uk/ukpga/2009/25/part/2/chapter/2/crossheading/prohibited-images#:~:text=62Possession of prohibited images,a series of images, and
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https://repository.essex.ac.uk/20451/1/akantoniou_pioc_2013_77(4)_JCL_337-253.pdf#:~:text=Section 62 of the Coroners and Justice,conversion into a moving or still imageor still imagehttps://www.legislation.gov.uk/ukpga/2009/25/part/2/chapter/2/crossheading/prohibited-images#:~:text=62Possession of prohibited images,a series of images, and
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https://repository.essex.ac.uk/20451/1/akantoniou_pioc_2013_77(4)_JCL_337-253.pdf#:~:text=Section 62 of the Coroners and Justice,conversion into a moving or still imageor still imagehttps://www.legislation.gov.uk/ukpga/2009/25/part/2/chapter/2/crossheading/prohibited-images#:~:text=62Possession of prohibited images,a series of images, and
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https://repository.essex.ac.uk/20451/1/akantoniou_pioc_2013_77(4)_JCL_337-253.pdf#:~:text=Section 62 of the Coroners and Justice,conversion into a moving or still imageor still image