Japanese Prosecutors Still Want To Blame Developer Of File Sharing Program For Copyright Infringement By Users

from the too-bad dept

Wed, Oct 28th 2009 3:40am — Mike Masnick

We were happy earlier this month to learn that the Osaka High Court had overturned a lower court ruling, against the creator of the popular Japanese file sharing service, Winny. The lower court had found the guy guilty of copyright infringement, despite having just developed the software, not having used it to infringe on copyrights. The higher court got it right, recognizing that just because the software could be used for copyright infringement does not mean that the developer is automatically guilty of copyright infringement. Unfortunately, Japanese prosecutors didn't recognize the common sense and basic logic of such a ruling and are now appealing the case to the Supreme Court in Japan. Hopefully, the Supreme Court agrees with the Osaka high court, but either way, this seems like a massive waste of time and resources.

Filed Under: copyright, japan, liability, winny

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thinkliberty, 28 Oct 2009 @ 5:38am

Blame Toyota for bank robbers!
If developers are responsible for illegal file sharing, car companies are responsible for bank robbers that use their cars to drive to and from the bank,
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- Ed Woychowsky, 28 Oct 2009 @ 5:45am
  
  Re: Blame Toyota for bank robbers!
  In the end it's the government's fault for creating currency in the first place. Officer, arrest them!
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Anonymous Coward, 28 Oct 2009 @ 5:58am

I could use a sock full of pennies to beat some sense into people... I guess the sock companies and national mints would be considered accessories to the beating in Japan?
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- Anonymous Coward, 28 Oct 2009 @ 7:17am
  
  Re:
  Use a sock filled with Oranges. It won't leave bruising.
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Killer_Tofu (profile), 28 Oct 2009 @ 6:33am

Microsoft going down
Can't wait to see them sue Microsoft for having the audacity to allow copy-paste in Windows.
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- chris (profile), 28 Oct 2009 @ 6:41am
  
  Re: Microsoft going down
  Can't wait to see them sue Microsoft for having the audacity to allow copy-paste in Windows.
  
  what OS does winny run on? windows? if so then the japanese prosecutors are probably headed for redmond right now.
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robin, 28 Oct 2009 @ 7:29am

i.p. maximalists
"...this seems like a massive waste of time and resources."

if i may add to that sentence, "which seems typical of i.p. (copyright/trademark/patent) maximum defenders."
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Web Design, 28 Oct 2009 @ 9:00am

Web Design
Unfortunately, Japanese prosecutors didn't recognize the common sense and basic logic of such a ruling and are now appealing the case to the Supreme Court in Japan....

If the law is itself manipulative then who is to blame???
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Nethos (profile), 28 Oct 2009 @ 6:05pm

I like to think of it like this:

Imagine a crowbar. A useful tool, with many applications. I could, for example, use said crowbar in building a house. I could also use the crowbar to break into my neighbor's house. The crowbar itself is no more responsible for either of these actions than the people who made it. If the people who made the crowbar advertised that it was especially good for breaking and entering it would be one thing, but simply making a tool with many lawful uses does not mean they expect it to be used in an unlawful way.

Simply replace the crowbar with P2P software, and the uses with something more fitting, and it becomes clearer.

Many people these days think completely differently when it comes to technology. While the above crowbar argument may make perfect sense, for some reason when the item in question is some new kind of new technology people seem to think backwards. Crowbars and P2P software are really both just tools, their use depends on the one using them.
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thomas, 28 Oct 2009 @ 7:38pm

Coming soon...
We can start to sue Smith and Wesson for deaths from their guns, then auto makers for deaths from their cars, etc.
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- anonymous, 29 Oct 2009 @ 10:17am
  
  Re: Coming soon...
  I was going to say the same thing. Next we are going to blame fast food companies for making people fat... oh wait, they already do that too. Maybe people should take responsibilities for their own actions.
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