March 26, 2002
JASRAC
Association of Copyright for
Computer Software (ACCS)
Japanese Society for the Rights of Authors,
Composers and Publishers (JASRAC)
Recording Industry
Association of Japan (RIAJ)
FIRST CRIMINAL PUNISHMENT ORDER AGAINST COPYRIGHT INFRINGEMENT USING FILE-SHARING SOFTWARE
The Kyoto Summary Court issued a summary order of a 400,000yen penalty against
one of two men (a vocational school student, the other a college student) arrested
by the Kyoto Prefectural Police Departments high-tech crime task force,
the Yamashina Police Department and the Gojo Police Department on November 28,
2001 on charges of copyright infringement (infringement of right of making copyright
works transmittable).
The order was for acts of making business software available for transmission
(making transmittable) to unspecified Internet users without authorization, which
constitutes copyright infringement, using so-called file-sharing software
which enable users to directly exchange data between computers connected to the
Internet.
Criminal action was also brought against the vocational school student by JASRAC
and the RIAJ on December 7, 2001 on charges of copyright and neighboring right
infringement, for making MP3 music files reproduced from commercial music CDs
available for transmission. The summary order accounts for the business software
as well as the music files.
The arrests on charges of copyright infringement from the usage of file-sharing
software are the first of its kind. This demonstrates the high levels of copyright
protection achieved in Japan, in terms of both legislation and law enforcement.
This criminal punishment order signifies that the courts consider such acts to
unequivocally constitute copyright infringement.
Acts of copyright infringement are subject not only to criminal penalties, but
also to civil remedies such as prohibition and damages claims. Making available
and transmitting large numbers of copyright works using file-sharing software
could be subject to claims for damages of substantially large sums.
The proliferation of copyright infringement abusing file-sharing software will
cause great losses to creators and businesses dealing in copyright works, it will
deprive general consumers of the opportunity to enjoy copyright works, and it
will become a threat to the cultural heritage of our country. For this reason,
our three organizations have come together to prevent such acts of copyright infringement
from reoccurring. We have called upon Internet users directly, and have already
initiated a public relations and enlightenment campaign taking advantage of all
opportunities.
Our three organizations and our members, together with various related organizations,
are determined to take advantage of all remedies and measures available, including
legal action, should such cases of copyright infringement using file-sharing software
persist.
We sincerely ask for your understanding and cooperation.
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