Regarding Fansubs on anime screencaps/endings/openings

Hello.
Another rule based topic, but maybe it should be talked about, because right now, there is not any mention in the TOS about this kind of thing.
post #2589983 caught my attention which was ulploaded by the user @10half . I see you uploaded it for approval as a Contributor.

My problem here is that some users did receive a warning feedback by @buehbueh for uploading screencaps with English fansubs and that is apparantly not allowed according to the TOS:

Screencaps with third party watermarks are severely frowned upon and will not gain approvals, as they're against the terms of service.

user #495251
But that is not mentioned anywhere.
The only mention we have is about "Fake Translations" and that isn't subject of that feedback.
It is written:

Prohibited and Restricted Content
You may not upload any of the following:
Fake translations: Images that have false translations are not allowed in any case.

and

The following may be uploaded but are generally not recommended unless a better copy cannot be found:
Third-Party Watermark: Any image where a person who is not the original copyright owner has placed a watermark on the image.

Reading this, there is no (direct) mention of correct fansubs in screencaps, endings or openings of Anime, which means: They are (conditionally) allowed.

So the question is how we should treat them. They currently don't have a hard ban.
Two possibilities:
1. Treat them like hard_translated posts, so they aren't essentially forbidden.
2. Make a hardban and mention this is the TOS.

I don't see a problem with subbed screencaps unless people point out that it is highly inaccurate with fake translationa and bad timings.

Rereading my comment on that user, I should have been a bit clearer that the problem was the third party watermarks from kissanime, which Krad Hunter already noted in a comment on post #2507631, and not that the images were screencaps with hard translations being banned.

While the images aren't banned, they're in a category where the TOS puts them into the conditional zone. The TOS implicitly advises against screencaps having a third-party watermark when it should be possible to have uploads without them. All that would take is a better source, and another user could easily find a dvd rip or stream and just catch the frames with nothing on them, rendering the first flawed uploads unnecessary.

That said, while hard translation on screencaps can be a problem, it's not in my mind as much an issue as the logo watermarks. Advising users to avoid screencaps with third-party kissanime logos and english text was my concern. I still interpret the TOS as allowing hard translations, but being honest about the higher chance of deletion.

Since the English text isn't replacing Japanese text but simply putting it over a frame of a show, it doesn't meet the original intent of that rule, which is to preserve doujins as much as possible. It is though skipping preservation of the original frame, and while I'd take tapnek's position on this and not ban outright, I still wouldn't advise people to post screencaps or videos with any text, if you can find the original footage. As for approvers, it should still be in their discretion to approve them as they see fit.

The following may be uploaded but are generally not recommended unless a better copy cannot be found:
Third-Party Watermark: Any image where a person who is not the original copyright owner has placed a watermark on the image.

I would question the existence of cases where a copy of the image without the fansubs cannot be found.