Japanese Court Decides That Making Software That's Used For Some Illegal Things Is Illegal
from the take-that dept
Japan is going through its own sort of Napster/Grokster legal fight these days, with the creator of the popular Winny file sharing program being found guilty of helping violate copyright laws. The court decided on a relatively small fine and no jail time for the developer. However, as with the big cases in the US, the developer and his lawyers are pointing out that all this guy developed was a tool -- and making the creator of the tool liable, rather than those who do illegal things with the tool, is incredibly risky. Many seem quite worried that this will slow down innovation in Japan, as developers now have a new liability they need to be worried about in developing new technologies. If their technology can be used illegally, they may potentially be found liable as well -- and that can be a huge problem. There is one aspect of this case that's a little different however, in that much of the attention around Winny hasn't always been due to copyright infringement of music files, but of people who use it accidentally exposing confidential information that was stored elsewhere on their computers -- including Japan's nuclear secrets and medical records. Some say that the police only became concerned about the issue of Winny when private police information was leaked using the program as well.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Reader Comments
Subscribe: RSS
View by: Time | Thread
It's a smaller number
[ link to this | view in chronology ]
Re: It's a smaller number
[ link to this | view in chronology ]
Re: It's a smaller number
[ link to this | view in chronology ]
Re: Re: It's a smaller number
While they're at it, there are only a few gun makers in the country, but hundreds of thousands of criminals who use guns to commit crimes. The gubmint should shut down all those gunmakers, because there are fewer of them than criminals who use guns, and then fine and imprison the gunmakers because their guns were used to commit crimes. Nevermind the hundreds of thousands of hunters, sport shooters, and homeowners, they won't miss their guns...
While they're at it, there are only a few knife makers in the country, but hundreds of thousands of criminals who use knives to commit crimes. The gubmint should shut down all those knifemakers, because there are fewer of them than criminals who use knives, and then fine and imprison the knife makers because their knives were used to commit crimes. Nevermind the hundreds of thousands of hunters, campers, carpenters, and homeowners, they won't miss their knives...
While they're at it, there are only a few car makers in the country, but hundreds of thousands of criminals who use cars to commit crimes. The gubmint should shut down all those carmakers, because there are fewer of them than criminals who use cars, and then fine and imprison the carmakers because their cars were used to commit crimes. Nevermind the hundreds of thousands of commuters, teamsters, delivery drivers, and regular ol' citizens, they won't miss their cars...
[ link to this | view in chronology ]
Create This!
It's not my fault I broke the window, it was the fault fo the guy who made the hammer!
There! That's better, now the japanese cannot make steel anymore, and as such, industry cannot exist, and they are back to their imperial times.... but slightly more peaceful as their martial arts have no weapons...
yeah... or not.
[ link to this | view in chronology ]
Re: Create This!
Guns, for instance, become insanely dangerous for the manufacturer since it is likely that on of their products will be used to commit murder. Sleeping pills are favorites of suicidal people, the makers would be responsible for enabling them (suicide is a crime IIRC). This ruling is both silly and extremely dangerous.
[ link to this | view in chronology ]
Re: Re: Create This!
The Japanese legal system has just (potentially) economically crippled their country. They already have a problem with innovation in product development, just from their anal-retentive authoritarian culture. Now, if only the Chinese could be persuaded to commit the same error...
--
Texas Concealed Handgun License Training
[ link to this | view in chronology ]
Re: Re: Re: Create This!
[ link to this | view in chronology ]
Is my computer illigeal
[ link to this | view in chronology ]
Is my computer illigeal
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Tut Tut
Trace the problem back a bit;
- Someone downloads a copyright protected file
- They used a program that made
- John used another program to write his
- This program was made by a company
- The company used computers to make their software
So we can all blame Bill Gates for copyright fraud.... not likely... thought he COULD foot the bill...
Anyway... don't we have more impotant things going on in the world to worry about, rather than how much money the already-rich people arn't getting?
[ link to this | view in chronology ]
Don't blame the dev's ... I don't want to pay for software-creation insurance, my health and car is more then enough ...
my message to japan, send over the hot chicks, leave the devs alone!
[ link to this | view in chronology ]
what has to happen
people are ignorant to how stupid their decisions are because no one tells them how stupid they are. we just keep telling each other.
[ link to this | view in chronology ]
FTP Software
After all you could download illegal files with it.
[ link to this | view in chronology ]
all software is illegal
Almost any software you can name can be used for illegal purposes.
[ link to this | view in chronology ]
Re: all software is illegal
You are quite confused.
[ link to this | view in chronology ]
Illigal things
[ link to this | view in chronology ]
lame
furthermore why dont we sue gun companies everytime someone gets shot..
[ link to this | view in chronology ]
the hidden story (my guess)
"Japan is going through its own sort of Napster/Grokster legal fight these days,"
The anti-sharing farce (sponsored and abetted by you know who) has moved to Japan now. You'll find the same bunch of jokers behind it all. Same as the pressure that was being put on Sweeden, Germany etc. You know who's responsible, sorry my American and Jewish friends - no offense, but it's the same crock of shyster lawyers somewhere in NYC running this show.
"being found guilty of helping violate copyright laws."
Helping. Notice there was no conviction for "violating copyright laws". My guess is that this would still have to proved on a case by case basis and no precedent is set. Anyone understand Japanese law here?
"The court decided on a relatively small fine and no jail time for the developer."
Because they think it's a bunch of crap too and this is the smallest penalty they could hand out while quenching their masters thirst for blood.
"Many seem quite worried that this will slow down innovation in Japan"
The industrialists are pissed off. Watch for a quiet revesal soon. Japan has a very varied portfolio of industry unlike some places here in Europe and the USA that have no tangible/physical industry and kowtow the copyright lobby. These guys are going to stomp on it bigtime if it threatens their gadget making businesses.
"the police only became concerned about the issue of Winny when private police information was leaked using the program as well."
Professional or social embarrassment is the worst thing that can befall a Japanese man, at least in the traditional cultural cliche, and someone has to pay for it if only to distract from the show.
[ link to this | view in chronology ]
Slow down people...
Microsoft sure seems to be making great strides in ensuring that I am unable to reinstall their operating system using the disc that allegedly came with my computer, but always comes up missing. I think this is a growing conspiracy with "it should have been included in the box." What is up? Is it because it is too expensive to pay microsoft to print those fancy license stickers or whatever is the source of this growing epidemic and OEM can't seem to keep up with copying discs and paying MS the correct amount of license fees?? The only solution, as I see it, is to comply... send more money. Resistance is futile.
[ link to this | view in chronology ]
So the Internet is illegal?
[ link to this | view in chronology ]
porn in Japan
[ link to this | view in chronology ]
[ link to this | view in chronology ]
"You know who's responsible, sorry my American and Jewish friends - no offense, but it's the same crock of shyster lawyers somewhere in NYC running this show."
Not liking America or some American person is your right.
Not liking some Jewish person is your right.
Not liking a person from New York City is your right.
Not liking some lawyer is your right.
It is when you attribute some societal ill to broad groups of people, that you show your bigotry - and let there be no doubt - your own bigotry is what you plainly expressed.
Oh those Americans / Jews / New Yorkers / Lawyers - they're all the same. They cause all the problems.
You can say "sorry" "no offense" all you want; but it's just an admission that you know full well that you are being offensive.
I would greatly appreciate your keeping your disgusting bigotry off this forum.
[ link to this | view in chronology ]
Re:
The one you nearly got right is number 4, except that I don't like ALL lawyers, not merely some.
Now since I specifically went out of my way to indicate that no racial, geographical or religious slur was intended, I expect that's why you picked up on it isn't it? Saying that I intend no offense is a sincere remark to prempt precisely the kind of reactionary hysterics your putting on now. But you're playing right up to it. Interestingly you didn't even pick up on the offensive word there did you? Do you know what shyster means? Didn't think so. So kindly shut your cake hole
if you've nothing to add to the debate but ad hominem attacks dressed up as fake outrage.
And last time I checked - I still admire America, I love New York and I live in a street where they wear big hats and say hello in the morning. That doesn't change the basic facts that a Jewish law firm based in NYC are the cunts behind the disgraceful and amoral behaviour of which I speak, and I've no qualms about saying it like it is. Get it? Got it? Good.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re: by PT
contextualise "Shyster" , a word I picked up from jewish friends of mine incidentally, which basically means a mercenary and conman and is often used in the description of lawyers who will either take on any case regardless of its ethics, or worse still, play off clients against one another to cheat them of their money. Which is all lawyers in my opinion. At least that's how he explained it to me.
Having said that, the little outburst by Stu, which is no more than bullying through victimology is precisely the behaviour that creates and sustains prejudices in the first place .. "Oh I'm a poor American everybody hates me!", "Oh I'm a poor Jew, everybody hates me!", "Oh I'm a poor Arab, everybody hates me!". Whatever your creed or culture it's just a lame way of either sidestepping any real engagement, or acting like a cheap attention whore.
And there's where the irony comes full circle - I have to qualify remarks that *might* cause offence precisely because cocks like Stu
deliberately play on it. I see right through it and I don't stand for it.
[ link to this | view in chronology ]
Product Libility
" Shoot all the lawyeraq and start over"
[ link to this | view in chronology ]
well what about car makers ???
then sue state for puting up roads cars used to speed up, and not for the last, that driving instructors that approved that person can drive car
should we keep on seeing that, ok, we had a leak on our private system , cose idiot used file share programs on private/gov system, or sue the maker of program, take more money from an inventor, etc...
yeah we know, blame all, blame me, then sue me, but guess what, i'm jewish, not from new york , and i'll still get clean :)
are u suffering yet ?
shearing music and films didn't kill no-one !!!
why don't u guys overthere in politics put that finger down from this and try to better get off that gass pedal, take a walk, jump from a bridge or something usefull, like stoping some stupid war u fueled in midle east, africa, etc...
yeah we know who's made u there, and what money...
2 dimes here, rest stays with me !
[ link to this | view in chronology ]
[ link to this | view in chronology ]
RE: by Stu on Dec 14th, 2006 @ 3:52pm
[ The origin of the word in English dates back to at least 1598, via Middle French, and started with the sense of "religious hypocrite", especially a woman.]*
Lying, gossiping women were the first bigots but saying that makes me a Male Chauvinist Pig.
[ The word "chauvinist" was originally used to describe someone who has a fanatical loyalty in one's country. The word was later applied by the "women's liberation movement" in the 1960s and used to describe men who uphold the belief of female inferiority. The slur "male chauvinist pig" has been reclaimed by some men as a jocular personal rebuttal or tolerance of such accusations.]*
So, to you Stu, I say keep to what you know. Do not assume something is what it seems. Sarcasm and plain stupidity are the meaning of most posts and since yours wasn't the former, I guess it was the latter. I am hoping this post is finally seeming like one of the former... though it will more than likely be assigned to the group of the latter as well.
* {Parts of this post pulled from Wikipedia so that the poster may seem more intelligent than he or she actually is. This post is meant to be sarcasm, in a sense.}
[ link to this | view in chronology ]
No, on topic...
[ link to this | view in chronology ]
This is stupid...
[ link to this | view in chronology ]
PT gets it
[ link to this | view in chronology ]
PT gets it
Websters dictionary defines misanthropic as:
"marked by a hatred or contempt for humankind"
[ link to this | view in chronology ]