Let me get this straight right away: bootlegs and fansubs are both illegal, regardless of the licensing status of the anime.
The difference is that while fansubs are produced by fans, distributed for free, and distribution usually stops after the show is licensed, bootlegs are sold solely for profit, more than the cost of burning one disk, and do not cease distribution after the show is licensed. Therefore, bootleggers/pirates are more likely to be prosecuted (by the holders of the copyrights). In my opinion, fansubs are much more ethical than bootlegs.
I am opposed to bootlegs 100%. Not only do you pay money for an often lower quality item than the real thing (bootlegs are known for low video quality and awkward subtitles), or even sometimes the fansubs, but you support criminals, who profit from other peoples� hard work. On the other hand, I support fansubs, which are free, so quality shouldn�t be a big issue, and they don�t profit at all. Also, you can look at it as a way to sample animes before they are licensed. I myself have enjoyed several fansubs, and I fully intend to buy the series that I liked when they are licensed. Also, some American companies use the popularity of fansubs to gauge the potential popularity of animes in the U.S., in order to decide which ones to license, or so I�ve been told. Tokyopop, for one, once conducted a survey of which animes people wanted them to license.
So I say, don�t buy bootlegs. If you want to see an unlicensed show, try going to http://animesuki.com/ in order to download the fansub. Also check out http://www.digital.anime.org.uk/piratefaq.html#dvdlogo for their Pirate Anime FAQ
Or http://www.jazzmess.com/merch/bootlegfaq.html for another bootleg-related faq.
I also have a few tips on avoiding bootlegs. Most legitimate anime will be in �DVD keep cases� (bootlegs are almost never VHS). DVD keep cases are the kind of cases you see most DVDs in at a store. Also, if it�s region 0/all region, it�s almost certainly a bootleg. Legitimate anime, also is on DVD, VHS, or laserdisc, never video CD. If it has Japanese audio with both English and Mandarin subtitle tracks, it�s likely a bootleg. Also check the cover art at a legitimate retailer, such as amazon.com (don�t trust their used, zShops, or auction items). Make sure it�s the right number of discs. For example, Cowboy Bebop has six, but most of the bootlegs have three. It�s pretty typical with a legitimate anime release for there to be three to five episodes per disc, rarely more (Lodoss TV is an exception, 27 episodes on four discs). Also, check to see if it�s licensed in the U.S. If it isn�t, the only legitimate version is the original Japanese region 2 release (unplayable on most American players, which only play region 1).
Also, don�t download off of mainstream bittorrent sites or Kazaa, because they often have licensed shows (DVD rips or old fansubs), which are nearly as unethical as bootlegs, and almost as likely to get you sued (U.S. licensing companies and Japanese anime makers usually condone fansubs of unlicensed shows, but come down hard on fansubbers who keep distributing titles which have been licensed).
In conclusion, bootleggers are thieves; don�t support them. And to be ethical, if you really enjoy a series you see fansubbed, please buy the DVDs once it is licensed. This supports U.S. anime licensing and dubbing companies, and ensures that anime will continue to be released on DVD in the United States (or whatever country you buy the anime in).
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