why do some jav have uncensored?
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I dont know where you get your information from, but uncensored porn is illegal in Japan. Porn was first seriously restricted in Japan in the Meiji Era, when materials deemed “injurious to public morals” were banned. After Japan’s defeat in WW2, American occupation authorities changed many of Japan’s laws to guarantee freedom of speech and expression. Sadly, the occupation authorities decided that the pre-existing law regarding pornography didn’t need to be changed. It has remained in effect to this day.
While the 60 years after World War II saw the acceptance of uncensored pornography as freedom of expression in the West, Japan continued to consider it “injurious to public morals.” One still cannot legally buy a movie featuring fully visible hardcore action.
While the 60 years after World War II saw the acceptance of uncensored pornography as freedom of expression in the West, Japan continued to consider it “injurious to public morals.” One still cannot legally buy a movie featuring fully visible hardcore action.
There might be a market, but it would be a small market, and it wouldn't be worth the extra cost.
To sell outside of Japan (for example, to America), a JAV company would need to hire an American distributor, including separate contracts for pressing the DVDs, printing and packaging, etc. They would have to register all of the models at American bureaus (USC18.2256). There would also be import/export tariffs for a Japanese company to sell products in the US. And some countries simply have prohibited materials. Subtitling requires hiring a translator and additional post-editor, and for how many films there are it would require a lot of work (and therefore a lot of money to pay them).
Online is different; not every JAV site accepts foreign subscriptions (credit cards), but since companies don't need to worry about distribution, some sites do. However it's the same censored material, because if they released uncensored online, people in Japan could just download the uncensored material, which would be illegal.
To sell outside of Japan (for example, to America), a JAV company would need to hire an American distributor, including separate contracts for pressing the DVDs, printing and packaging, etc. They would have to register all of the models at American bureaus (USC18.2256). There would also be import/export tariffs for a Japanese company to sell products in the US. And some countries simply have prohibited materials. Subtitling requires hiring a translator and additional post-editor, and for how many films there are it would require a lot of work (and therefore a lot of money to pay them).
Online is different; not every JAV site accepts foreign subscriptions (credit cards), but since companies don't need to worry about distribution, some sites do. However it's the same censored material, because if they released uncensored online, people in Japan could just download the uncensored material, which would be illegal.
If they just moved their servers outside of Japan, such problems would disappear for them. I seriously doubt if the enforcement authorities are going to verify that people's credit card purchases are not being used to D/L uncensored porn in Japan.
The only way they've stifled such at all in the USA is to get the CC's to refuse to do business with porn distributors.
As far as the other expenses, I don't think they'd need to necessarily sub or dub stuff to sell outside of Japan.
People, amazingly, don't really buy porn for the storyline....
...And I'm curious how some of the other companies manage to do business with uncensored vids.
You're looking at it at the wrong end. The authorities aren't going to investigate your credit card purchases, making sure you aren't buying uncensored JAV. They investigate distributors' sales, to make sure they aren't selling uncensored JAV.
From the ever-knowing Wiki (emphasis mine):
For instance, if you wanted to sell JAV in Japan (eg: operating an office in Japan to handle all the related matters), you would need to go through various business registration, which would include authorities making sure you're not selling uncensored material. This is why if you've seen any number of uncensored JAVs, they always begin with a statement noting the location of the records holding and management office, with an address located (almost always) in the US -- even if the uncensored JAV was actually produced in Japan (which almost all of them are). You could of course sell uncensored under the table (and it happens quite a lot, so it would seem), but you would run the risk of getting caught.
But not every JAV production outfit is able to (or willing to) set up shop outside of Japan in order to circumvent Japanese restrictions on mosaic censorship -- and in many cases it's probably a lot of trouble for very little profit (thanks to piracy, like here on AO).
As for where the servers are located, there doesn't seem to be a completely black-and-white answer. Just as American servers are used to enable piracy of copyrighted Japanese content (think music, anime, etc) since Japanese lawyers seem uninterested in pursuing international piracy, I'm sure there's plenty of uncensored adult material floating around on Japanese servers for the same (or similar) reasons. Since P2P sharing doesn't really define a "buyer" and "seller", there's a lot of grey area in the above legalese. The only significant legal action concerning the internet has been against piracy (just like in America); but so far there doesn't seem to be any real precedence concerning availability of uncensored adult material in Japan.
You're missing my point -- if the company's official presence is outside of Japan, the credit card company is the only point of contact, and they don't supervise purchases. While there are usually opportunities for the authorities, if determined, to access the records, it's one of those things where they both have to have a reason to be interested in general, and a reason to believe they should be interested.
The only thing that crosses the borders are bits in both directions -- money bits one way, and porn bits the other, and there's no reasonable way to tie the two together that doesn't involve a lot of accounting and legal work. I'm not buying that there's all that much interest in enforcing those laws to devote much manpower to it.
Not saying the connection can't be made, just that it's neither easy nor worthwhile.
Miho Maeshima, one of my favorites, does both uncensored and censored. We need to see some Kaede Matsushima. That would be awesome!
what about the hentai or jav that was once censored but now is uncensored? were the rights bought by the a foreign company?