I was talking to Debono9 about this idea. Not surprisingly, asking for money to translate unofficially is going to get axed quickly (although I still felt it was worth trying). So I suggested, future approach should be to try to get the publishers to agree to receive 50% to 100% of the cut from the kickstarter. (I know how some translators are interested in working for free, in which case the JP devs get 100% of the cut, which is even better of a bargaining position.)
But there are some issues.
I proposed this idea to Debono9, ‘what if you crowd-fund a license?’. So he tried suggesting the idea to Terra (the translator of LuckyDog1) and Terra emailed the idea to Yura (one of the JP devs), but it was rejected.
But what I don’t understand with that reply, is that the Rapelay was a media backlash, not a legal one. CNN was writing in 2010 that Japan needs to “police game makers” against creating games with certain themes and contents, including adult titles in the “rape fantasy” genre. There is no legal defence against a media lashback. So what they mean is, they don’t want to cause meiwaku （迷惑） to other devs by becoming the indirect catalyst to strengthening the Japanese laws against freedom of expression.
But of no relation to Rapelay, perhaps they are also afraid of the authorities and the regulatory bodies. The network of regulations are so thick you need to hire an expert. And this is even more true for oversea releases, which require compliance to a whole new set of laws that they are not familiar with. That is too much trouble to do correctly, And that they don’t have the capital to defend themselves in a law suit (by some effing women’s rights group) when the time comes.
So that is why I suggest, when you fail to negotiate an endorsed-project, you may have to go the unendorsed route.
The specifics are very important. Basically there are a number of possibilities. But one method is that the company is not to endorse the kickstarter translation, they merely turn a blind-eye to it (altho they still get the money). There are no formal licenses. It is 100% unofficial fan-work. The reason why we have to do it this way, is because it removes responsibility from the JP devs, and it removes the government-added-costs.
Unendorsed means you ‘may’ have to remove any mention of money going to the devs on the kickstarter page (even though the money is still going to them). Which means your project won’t nearly be as attractive, but that’s how it is.
^ Unless. Unless they pull one of these punches.
“(they) had no interest in selling their games in the west because of piracy, to stop because I would be promoting piracy, and that if I wanted to play their games, I should move to Japan.”
Which doesn’t make sense.
1) In a proper deal, the translator would literally be buying a license with the pledged money to produce an english patch. So on the Japanese side of the deal, the monetization is through the license for allowing the creation/distributing of a patch, not through the selling of copies. So you don’t get your money through selling copies (omg). and in Aroduc’s example, he is not selling copies (for he is not). So if you are not monetizing through printing copies, and you monetize through selling Aroduc’s labour, piracy doesnt even come into the equation.
And it is the same if you go the un-endorsed route.
2) Saying english patches promote piracy is the equivalent of saying that banner Ads promote piracy and that you should not put banner Ads. Saying that there is piracy therefore we are not interested in the West is like saying Pledges is Not Money.
Obviously you will have to pick your targets. Smaller companies might be easier to deal with than larger ones. Doujin works might be easier to deal with but their games are usually inferior to commercial. Anyway those are my ideas.
EDIT: sanahtlig added that the ‘unendorsed’ route would not work because it still does not solve the problem of fear of media lashback if word got out. So I added that for the purpose of the official release, you take the H-content out of the equation (to avoid law compliance controversies), then ADD it back in through an anonymous fan patch. That, I think is a much more convincing proposal.