Japan Makes Private Copying Illegal

from the wrong-direction dept

Wed, Jun 17th 2009 6:33am — Mike Masnick

Plenty of countries have reasonably pointed out that the entire point behind copyright laws was to protect again commercial for-profit copying -- and thus, private, non-commercial personal use copying really shouldn't be covered by copyright laws. Of course, for an entertainment industry hell-bent on filing lawsuits against people rather than adapting to the marketplace, this is a serious, serious problem. So, the recording industry has been lobbying hard in any country that carves out an exception for private copying, trying to make it illegal. Unfortunately, it appears they've won in Japan. A new copyright law has been passed that specifically says that private, non-commercial copying is infringing (via Cybeardjm). This really isn't all that surprising, given that Japan has also been pushed on copyright extension and a recent court ruling found that uploading your own content for personal storage could be infringement. Still, it's yet another victory for entertainment industry lobbyists who will do anything possible to pass laws to protect old business models.

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Filed Under: copyright, japan, private copying

45 Comments

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Ima Fish (profile), 17 Jun 2009 @ 6:36am

Unfortunately, this won't end with Japan. Now the copyright industry will run around the rest of the world complaining how we need tough new laws to keep up with Japan.
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Rob R. (profile), 17 Jun 2009 @ 7:02am

Man, I really hope this gets overturned. It will stop all copying of all media everywhere.!

Oh, wait. No it won't!

The people that copy things illegally will KEEP doing it and people (like me) that make real backup copies of disks they really bought will keep doing so.

If the movie industry thinks a person will small children that do not take care of the movie disks is going to re-purchase movies when they get damaged by the kids - they're stoned. I back up the movie and put the original in a locked box. The kids get to watch the backup copy and if they break it I can make a new one for about $0.09 instead of having to buy another one for $4.99-24.99. I will keep doing it this way. If they make it so I cannot back up my movies then I'll simply stop buying movies at all. Their loss, not mine.
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- lancehassan (profile), 17 Jun 2009 @ 10:32am
  
  Life goes on...
  the problem being, that now they will have or assume the right to use the kind of Draconian copyright protection that will break hardware. Like the Windows EULA, you no longer own what you paid for, you are paying for the disc not the content. The good news is that the revolution will not be televised sparing us watching all the lawyers lined up on the wall executed.
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Steve R. (profile), 17 Jun 2009 @ 7:06am

Theft of the Public Domain
Billboard.biz wrote: "The Japanese parliament has passed an amendment to the existing Copyright Law that extends further protections to copyright holders and, for the first time, makes it illegal for private users to download copyrighted material that has been uploaded without the rights holders' permission."

While one has a right to protect their property, they do not have the right of protecting it by taking (stealing) the rights of others.

Additionally; once again, we have a "new" property right that the copyright owner did not previously possess. This is inappropriately characterized as "protecting" the copyright owner. The reality is that what was legal is now being made illegal. Really this is an aggrandizement of their so-called property right, not protect it.
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- kirillian (profile), 17 Jun 2009 @ 7:22am
  
  Re: Theft of the Public Domain
  Now THIS statement makes sense. If only all those Anonymous Cowards could come to understand that citizens have rights granted in the Constitution. Corporations do not. Corporations are granted derived rights through laws. Hence why individual rights supersede and should trump corporate rights and privileges. The fact that they currently do not is rather reminiscent of the situation that caused the Declaration of Independence to be signed - basic rights were being abused for the benefit of those in power.
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  - Anonymous Coward, 17 Jun 2009 @ 7:53am
    
    Re: Re: Theft of the Public Domain
    "If only all those Anonymous Cowards could come to understand that citizens have rights granted in the Constitution. Corporations do not."
    
    ...and the constitution of the US applies in Japan how?
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    - Esahc (profile), 17 Jun 2009 @ 8:10am
      
      Re: Re: Re: Theft of the Public Domain
      The US constitution doesn't apply in Japan, however anti-consumer laws like this have been, are, and will be pushed in the US.
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    - Anonymous Coward, 17 Jun 2009 @ 10:33am
      
      Re: Re: Re: Theft of the Public Domain
      Perhaps of interest...Courtney Whitney and Milo Rowell, two military officers on Douglas MacArthur's staff, are generally considered to be the most prominent drafters of the current Japanese Constitution. In a broad sense it might be fair to suggest that some basic principles of the US Constitution are embraced in the document.
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    - JEDIDIAH, 18 Jun 2009 @ 6:48am
      
      Re: Re: Re: Theft of the Public Domain
      >
      > "If only all those Anonymous Cowards could come to
      > understand that citizens have rights granted in the
      > Constitution. Corporations do not."
      >
      > ...and the constitution of the US applies in Japan how?
      >
      
      That whole MacArthur thing perhaps...
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  - Anonymous Coward, 17 Jun 2009 @ 9:50am
    
    Re: Re: Theft of the Public Domain
    not all of us are dumb/trolls..... douche bag.
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ryan, 17 Jun 2009 @ 7:08am

Note to self: avoid Japan. If unavoidable, leave all music at home.

..
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Anonymous Coward, 17 Jun 2009 @ 7:11am

HAHAHAHA!!!!!!!!!
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Anonymous Coward, 17 Jun 2009 @ 7:16am

WE-TODDS
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- Anonymous Coward, 17 Jun 2009 @ 8:42am
  
  Re:
  Shouldn't that be 'We sofa king we todded'?
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Anonymous Coward, 17 Jun 2009 @ 7:27am

"The people that copy things illegally will KEEP doing it and people (like me) that make real backup copies of disks they really bought will keep doing so."

No one cares that you make a backup copy of disks. They will care if you make backup copies and share them with others though.
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- Esahc (profile), 17 Jun 2009 @ 8:13am
  
  Re:
  "No one cares that you make a backup copy of disks. They will care if you make backup copies and share them with others though."
  
  Apparently in Japan they do care is you make a backup for personal use.
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Haywood (profile), 17 Jun 2009 @ 7:27am

When copying is outlawed only outlaws will copy
I'm just sayin.
I can't imagine it changing behavior at all, most people already think it is illegal, but do it anyway.
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- IanK, 17 Jun 2009 @ 8:06am
  
  Re: When copying is outlawed only outlaws will copy
  Agreed. This won't change a thing.
  
  And are any of you actually familiar with Japan? In Japan, you can go and rent music CDs. Many people rent a CD at the same store where they'd rent a DVD, and rip the CD. It's always more likely that a person will rip a CD rather than a DVD, because good songs are worth frequent repeated play, whereas movies may only be watched a few times before you feel the urge of watching it again.
  
  It's also significantly easier and faster to copy a music CD. Once you pop a CD into the computer, the first thing it does is ask whether you'd like to copy it or not.
  
  This law is just a law. It won't change behaviour.
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Anonymous Coward, 17 Jun 2009 @ 7:30am

so they've made more customers into pirates. I don't think they remember their original intent anymore as they seem to want their own customers to become criminals.
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Anonymous Coward, 17 Jun 2009 @ 7:47am

Revolution anyone?
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Anonymous Coward, 17 Jun 2009 @ 7:55am

Quoting a movie in public to elicit laughter should be outlawed
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- Esahc (profile), 17 Jun 2009 @ 8:15am
  
  Re:
  I seriously hope you forgot the [sarcasm/]
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- Dark Helmet (profile), 17 Jun 2009 @ 8:16am
  
  Re:
  "Quoting a movie in public to elicit laughter should be outlawed"
  
  That's too complicated. Just outlaw laughter and remove the reason to quote the movie in the first place.
  
  Also, we should outlaw children, candy, digital media, and hope.
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  - Anonymous Coward, 17 Jun 2009 @ 8:28am
    
    Re: Re:
    Can we outlaw stupid internet postings with bizarre absolutes in them too?
    
    Seriously, grow up.
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Anonymous Coward, 17 Jun 2009 @ 8:14am

"Quoting a movie in public to elicit laughter should be outlawed"

I would rather you just said "thank you," and went on your way.
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Jeff (profile), 17 Jun 2009 @ 8:15am

I wonder...
if companies like Sony realize that this could hurt them.

If some one buys a CD but wants to listen to the music on an MP3 player, they are breaking the law in ripping the disk.

This puts companies that make the players in a position to either promoting electronic distribution models or avoiding the realization that they are potentially promoting illegal activities (at least in Japan).
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Anonymous Coward, 17 Jun 2009 @ 8:16am

"Apparently in Japan they do care is you make a backup for personal use."

Just a way to charge people for illegal file sharing. You can't share it if you don't have a copy.

How would anyone know if you just make a backup copy? You think the ninja police will knock down doors and search the dojo's?
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JackSombra (profile), 17 Jun 2009 @ 8:18am

So are they going to disable every IPOD so it can only play stuff provided by Itunes and ban every other MP3 player/Music phone that does not tie the music download to an "official retailer"

This law will very likely be overturned
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PlagueSD, 17 Jun 2009 @ 9:03am

RE: Japan Makes Private Copying Illegal
Let me see if I understand this. You buy a computer game. You install it on your computer. Well, to install the game on your computer you have to COPY FILES! Will I get arrested in Japan for installing a game on my computer?
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Anonymous Coward, 17 Jun 2009 @ 9:07am

Ignorance
Any effort which ultimately makes a product less desirable doesn't really make sense... Unless you want a Bailout like GM.
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ITWARZ, 17 Jun 2009 @ 9:12am

Cops Gone Wild...
So if I go to Japan with my MP3 player or computer, I could find myself on the business end of a rubber hose or pair of pliers thanks to Sony Music?
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Anonymous Coward, 17 Jun 2009 @ 9:17am

If US copyright law was amended in a manner akin to what has reportedly been passed in Japan (I say reportedly because I have found no english translation of the legislation) I daresay that comments here would border on ecstatic.

As I understand things (again, I have not seen the legislation), a P2P downloader can be deemed to have infringed copyright if the downloader knows at the time of downloading that the file being downloaded was "placed" on the internet without the authorization of the copyright holder. This is a significant limitation that does not exist under US copyright law.

Moreover, it is reported that there are no financial repercussions to downloaders in the event they are deemed to have downloaded with knowledge as noted above. Under US law there are financial repercussions, some of which can be very significant to the ordinary downloader.

I find it difficult to join an anti-RIAA rally on the basis of this clearly toothless tiger.
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- Anonymous Coward, 17 Jun 2009 @ 9:21am
  
  Re:
  I neglected to mention that the amendment is reported as being limited to music and movies. The issue of software has apparently been left to another day.
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Anonymous Coward, 17 Jun 2009 @ 10:04am

So, no copy from hard disk to iPod?
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ChurchHatesTucker (profile), 17 Jun 2009 @ 10:56am

Waitaminute
Did Japan just outlaw the internet?

I'm cool with that, not being from Japan and thus happy if they shoot themselves in the foot, but seriously? Any copy is illegal? Seeya Japan, I'll enjoy your hentai long after you will...
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Headbhang (profile), 17 Jun 2009 @ 11:04am

Ah, the poll.
It's a bit ironic that on the same page from the original link they have the poll titled:

"Despite fears about the economy, the concert business seems poised for strong business this summer. Are economic concerns curbing the number of concerts you plan to see this summer season?"

The results so far:
15% - No, I'm seeing more shows than I typically see:
36% - I'm planning on attending roughly the same number of concerts this summer.
49% - Yes, I've been hit by the recession and won't be going to as many.

So yeah, piracy is killing the music industry alright.
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YouAreWrong, 17 Jun 2009 @ 2:46pm

masnick misleading you again
Masnick -- once again, you're making this new law sound like something it is not. Based on the article you linked to, the new law sounds only like it bans filesharing -- not "private copying." When you say "private copying" you've led at least a few commenters above to believe this law covers personal copying which is nowhere in the article. So congratulations. You are trolling.
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- Anonymous Coward, 18 Jun 2009 @ 5:02am
  
  Re: masnick misleading you again
  It is typical of Mike's work, he tends to do the "lead a horse to water" thing with his readers, hoping to get them morally outraged. More often than not, the story is either a stretch, or minimally related to the point he is trying to extract from it.
  
  There have been a number of clear factual errors made on this blogs in the last couple of weeks (like the number of Pirate Party people elected), so this latest stretch of the truth shouldn't shock anyone.
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- Anonymous Coward, 19 Jun 2009 @ 1:17am
  
  Re: masnick misleading you again
  I agree, the techdirt summary reads nothing like to source article. The law is not about private copying.
  
  A loophole in current laws is that only persons distributing copyrighted content without the owner's consent can be sued. The receiving end is most of the time excluded as there is no way to know whether the distributor indeed had the required consent.
  
  This closes the loophole by putting the onus on the receiving end to verify that he is obtaining material from a legal source.
  
  Basically, the same could apply to buying a CD in a store. Shall we ask for proof that they are allowed to sell it?
  
  The techdirt article is misleading and getting ppl up in arms over the wrong problem.
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Anonymous Coward, 17 Jun 2009 @ 3:39pm

Outlaws
When private copying is outlawed, outlaws will copy in private.
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Anonymous Coward, 18 Jun 2009 @ 2:41am

people should stop paying for music anywhere and bankrupt these fawking losers!
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Anonymous Coward, 10 Sep 2009 @ 6:33pm

"Basically, the same could apply to buying a CD in a store. Shall we ask for proof that they are allowed to sell it?"

well said.
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anon
whats the jail sentence
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