Scanning manga for distribution and recording anime for distribution are both violating copyrights. Translating anime or manga and distributing your translation is also violating copyrights, whether the work is licensed in the language you are translating to or not. Put two and two together and you have scanlation and fansubbing.
I am assuming that most people here care about the well-being of the animanga industry in Japan, and would not want to see their favourite mangaka/animation studios being paid less than they deserve for the time, effort, and creativity they put into their brand of storytelling. I love CLAMP as much as JK Rowling and I would NEVER consider bootlegging JKR, regardless of how rich she is. Yet I do for CLAMP.
If you're here, you're clearly reading scanlations. What is your personal 'fair use rationale' for breaking these people's copyrights? Have you ever thought about it?
I'm here and I consider myself to be contributing to the online-English-language animanga community. Originally my 'fair use rationale' for fansubs was the difference in translation quality, but this is not always the case anymore. Speed-subs/speed-scans are nothing more than bootlegs, but yes, I do download them depending on the series. For TRC/HOLiC, I download raws and read trans on LJ, which I think is a lot better than downloading speed-scanlations.
Licensed manga and anime have improved a fair bit over the years, but it is still not up to par. Buying licensed manga means paying three times as much as the Japanese pay, half-assed designed book covers/logos, unprofessional typesetting, lower quality ink and paper (MUCH lower if TokyoPop), and often mediocre translations with noticeably bad re-drawing and cloning on the artwork. And this would come months, months after the Japanese publishing.
So my 'fair use rationale', or my beef with the current licensing industry is
1. Time
2. Quality
3. Professionalism
4. Cost
When they get these things straight, as it looks like they will for the 2009 CLAMP/Dark Horse Mangettes, I will unquestioningly buy licensed English-language manga. Scanlation sometimes gets those things better than the licensed versions- the only problem is that they're by-fans-for-fans and not authorized by the copyright holder.
So. I am not paying 3x more, for so so so much less.