Publishing Execs Arrested, Face Jail Time, Because Book Tells People How To Back Up DVDs

from the arrested-for-what? dept

Mon, Jul 23rd 2012 11:15am — Glyn Moody

Last month we wrote about a new copyright law in Japan whose punishments seemed so disproportionate it was hard to take it seriously. For example, downloading unauthorized copies or backing up content from a DVD were both subject to criminal penalties. According to this story from Daily Yomiuri Online, it looks like it's no joke:

The Metropolitan Police Department arrested Yoshiaki Kaizuka, 43, an executive of Chiyoda Ward publisher Sansai Books Inc., and three other company employees on suspicion of violating the Unfair Competition Prevention Law, and sent papers on the firm to the Tokyo District Public Prosecutors Office. According to a senior police official, these are the nation's first arrests over the distribution of software to remove copy protection.

And their terrible crime? Allegedly selling a book that told people how to make backup copies of DVDs. That, of course, would involve circumventing the trivial copy protection on DVDs, which was enough to trigger the arrests, apparently. But as a post on Wired.it points out, if publishers can get into trouble under the new law so easily, so might others: It's interesting to note that Japanese cyber Police could arrest the Amazon Japan CEO too as the online giant is selling a lot of magazines, books and software packages for DVD copy and ripping: exactly what put in trouble Sansai Books staff.
The same post notes that many GNU/Linux distributions come with the libdvdcss library which similarly allows the DRM system to be circumvented so that the DVD can be played, and would therefore fall foul of the new copyright legislation. So does the Japanese government plan to go after all the Web sites offering such software, and all the users?

The current action probably doesn't presage a massive crackdown on every infringing use, since that would involve arresting a significant fraction of the Japanese population. It's more likely to be an attempt to put the frighteners on people in the hope that everyone will stop downloading files and cease making backups. As we know from similar situations, that may work for a few months. But once things die down, people will go back to doing what they did before until the next time the Japanese authorities decide to make an example of someone, and the whole pointless cycle begins again.

Follow me @glynmoody on Twitter or identi.ca, and on Google+

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

Filed Under: arrests, back up dvds, chiyoda ward, copyright, criminal, japan
Companies: sansai books

35 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Vog (profile), 23 Jul 2012 @ 11:17am

"... a new copyright law in Japan whose punishments seemed so disproportionate it was hard to take it seriously"

That's pretty much exactly what Japan does, though: take laws seriously.
[ link to this | view in thread ]
Ninja (profile), 23 Jul 2012 @ 11:23am

Re:
They must be building the biggest jail in the whole world then... Copyright detention centre
[ link to this | view in thread ]
Nathan F (profile), 23 Jul 2012 @ 11:25am

Re: Re:
They better not abbreviate that one as I'm sure the Center for Disease Control would take exception to it.
[ link to this | view in thread ]
Ninja (profile), 23 Jul 2012 @ 11:27am

So now suggesting a way to make a legit copy of a DVD you legally own is akin to, what, kidnapping? Murdering? Take your pick. I'll go for "akin to molesting a child" since all the copyright industry do these days is "for the children". Speaking of which, is any of those guys a father?
[ link to this | view in thread ]
temoi, 23 Jul 2012 @ 11:28am

Farewell desire to live in Japan, hello finding a bomb shelter when sh1t goes wrong everywhere.
[ link to this | view in thread ]
Anonymous Coward, 23 Jul 2012 @ 11:33am

I love how they admit thet it's a surpression of copetition.

At least it's honest.
[ link to this | view in thread ]
Donnicton, 23 Jul 2012 @ 11:43am

Re: Re:
A minimum of 85% of the prison's population is by law required to be composed of One Piece-related offenses.
[ link to this | view in thread ]
saulgoode (profile), 23 Jul 2012 @ 11:50am

Unless they raided the CEO's home with black helicopters and shock troops -- and confiscated all assets of the publishing company -- then they're doing it wrong.
[ link to this | view in thread ]
Anonymous Coward, 23 Jul 2012 @ 11:51am

Re: Re: Re:
Devil fruiting without a license?
[ link to this | view in thread ]
SujaOfJauhnral (profile), 23 Jul 2012 @ 11:51am

Re: Re:
Japanatraz! Like Alcatraz except a whole friggin' country.
[ link to this | view in thread ]
Yogi, 23 Jul 2012 @ 11:52am

Dark Ages
I would not be surprised if i was reading about this kind of despotic behavior in a history book about the Dark Ages.

But this shit happening in the 21st century just shows how much humanity hasn't progressed at all, spiritually. We're still worse than any animal.

Thanks once again to the RIAA AND MPAA for dragging civilization back down the gutter. And US Congress of course.
[ link to this | view in thread ]
SujaOfJauhnral (profile), 23 Jul 2012 @ 11:54am

Re:
More like finding a money bin to lock yourself in with your cash cause WW3 is gonna be between corporations fighting over IP sue-bombing everyone in sight.
[ link to this | view in thread ]
Anonymous Coward, 23 Jul 2012 @ 11:57am

Well I guess that's another country crossed off of the "acceptable places to live" list.
[ link to this | view in thread ]
Anonymous Coward, 23 Jul 2012 @ 11:59am

Not just libdvdcss
It's not just libdvdcss, it's any program or device that can play DVDs since, obviously, the data has to be decrypted before it's of any use to the consumer. Wouldn't that be the ultimate "cut off your nose to spite your face" situation? In order to stop "piracy" of DVDs, we're going to make it illegal to play DVDs!
[ link to this | view in thread ]
Anonymous Coward, 23 Jul 2012 @ 12:07pm

Re: Not just libdvdcss
That's more lopping off your entire head to spite your face.
[ link to this | view in thread ]
Mark, 23 Jul 2012 @ 12:12pm

Re: Re: Re:
"Take exception to"?

Hell, the CDC would probably love it - they could sue for Trademark infringement!

East Texas, here we come!
[ link to this | view in thread ]
Atkray (profile), 23 Jul 2012 @ 12:17pm

Re: Re: Re:
New movie,

Escape from Japan.
[ link to this | view in thread ]
DannyB (profile), 23 Jul 2012 @ 12:24pm

Re: Dark Ages
> I would not be surprised if i was reading about this kind
> of despotic behavior in a history book about the Dark Ages.

You or your descendants will be reading about this in a history book about the 2nd Dark Ages.

In case you hadn't noticed we are not only in the middle of a Copyright and IP Digital Dark Ages, but rapidly creating a new feudalism. But there's more.

If you point this out it almost makes you sound like a raving lunatic.

We already have the High Court and Low Court systems in place. The US already routinely ignores its own constitution and laws. Our government is already bought and paided for. Corporations are people -- yes it's official. Unlimited bribery contributions. Money is speech.

I mean, how far does it have to go to be recognized for what it is?

Dark Ages indeed.

Oh, and that's living in one of the best places in the world to live in.
[ link to this | view in thread ]
Anonymous Coward, 23 Jul 2012 @ 12:27pm

Re: Re:
They do not have to. It is close to a sweeping rubber-paragraph as those we see used in authorian regimes.

There is a fundamental fact with these kinds of far too restrictive laws: They are impossible to enforce in a fair way.

The point for authoritarians is: Prosecute your enemies while you close your eyes for your friends law-breaking. To get it really going you gotta close the internet though 'cause it smells very bad. Most likely the law is just made in a moment of stupidity, caused by money from Nintendo and others in this case.
[ link to this | view in thread ]
Cosmicrat, 23 Jul 2012 @ 12:27pm

Hello underground
Sounds like a great way to drive people underground, to the darknet etc.. The Japanese are so clever with this stuff, I'll bet they develop lots of new tech to hide from the authorities and the rest of us will benefit from that.
[ link to this | view in thread ]
Anonymous Coward, 23 Jul 2012 @ 12:28pm

Oh boy... I have lots of DVDs, but if I couldn't rip them to files to play from my HDD... well, I wouldn't have bothered buying them. I'm perfectly willing to purchase licensed products. I'm NOT willing to purchase something that I'll scratch to death in several weeks. I actually imported quite a few DVDs from Japan, but now I'm kinda afraid of doing it again...
[ link to this | view in thread ]
Anonymous Coward, 23 Jul 2012 @ 12:52pm

Re: Re: Re: Re:
*Nippon
[ link to this | view in thread ]
Anonymous Coward, 23 Jul 2012 @ 1:24pm

like stated, this is being done to make an example out of someone. further, i'll bet a dollar that there is someone in the police hierarchy that his friendly with someone in the entertainment industry and favours are being done. we have seen how that works in the Megaupload case. perhaps if the lawyers of those accused ask why they have been singled out when so-and-so (like the afore mentioned Amazon Japan CEO) has been left alone?
[ link to this | view in thread ]
Anonymous Coward, 23 Jul 2012 @ 2:37pm

Arrest the internet!
[ link to this | view in thread ]
Chilly8, 23 Jul 2012 @ 2:54pm

They will likely only go after the biggest offenders. Its just like with the S 978, the Commercial Felony Streaming Act. If that ever becomes law, the Feds will only go after the biggest offenders.

Whenever that is a pay per view fight with Manny Pacquiao, you will find on Justin TV, a number of streams, often with a combined total of viewers reaching into the millions. There is no way the feds are going to proseute a million people just because they watched a pay per view fight for free. We would have enough jails in the entire country to hold them all. Of course that is why S 978 would requires that you have purloined at least $2500 worth within 6 months. With the average price of a PPV fight around $50, you would have to watch 50 PPV fights within a 6 month period to reach the $2500 threshold. At least Amy Klobuchar has crafted her bill so that the US would not be prosecuting so many people we would not have enough jails to hold them all.
[ link to this | view in thread ]
JaseP, 23 Jul 2012 @ 3:41pm

Re:
Ditto that...
[ link to this | view in thread ]
TDR, 23 Jul 2012 @ 4:05pm

Re:
The point is, the bill should never have been crafted at all.
[ link to this | view in thread ]
Anonymous Coward, 23 Jul 2012 @ 5:34pm

DVDs is so old school!
[ link to this | view in thread ]
Cee Phant, 23 Jul 2012 @ 5:37pm

don't buy
Well, if this is the way they want it to be why don't we just stop buying content. Period. No music, no moves, etc. I'd give it about 2 weeks before the law changes.
[ link to this | view in thread ]
Anonymous Coward, 24 Jul 2012 @ 1:53am

Re:
After there is no bigger offenders they will just fallback to what they do best and that is pick and chose who to go after, ingraining the feeling that there are 2 justice systems.

"one for my buddies and another for everybody else".
[ link to this | view in thread ]
Anonymous Coward, 24 Jul 2012 @ 6:19pm

Minor typo
Early in paragraph 2, the site is referred to as PissedCustomer but elsewhere it is PissedConsumer. I tested both and Consumer appears to be the correct site.
[ link to this | view in thread ]
Anonymous Coward, 24 Jul 2012 @ 6:56pm

Amazon is billionaires so they can do what they want.
[ link to this | view in thread ]
Forsoust (profile), 29 Aug 2012 @ 6:08pm

Re:
Japan has very strict copyright laws, and we can see it in YouTube. Avex, TokyoTV and others usually take down any material in matter of minutes after being uploaded.
[ link to this | view in thread ]
Baceaven (profile), 14 Sep 2012 @ 11:15pm

http://www.techdirt.com/user/baceaven
So everybody is going to jail! seems legit for me
[ link to this | view in thread ]
Anonymous Coward, 15 Sep 2012 @ 3:26am

Re: Re: Re:
It violates their copyright
[ link to this | view in thread ]