January 29, 2003
JASRAC
Japanese Society for Rights of
Authors, Composers and Publishers
MUSIC FILE SHARING SERVICE IS AN INFRINGEMENT OF COPYRIGHT
FURTHER TO THE PROVISIONAL INJUNCTION,
FILE SHARING COMPANY IS HELD RESPONSIBLE
The Tokyo District Court made a judgment today (January 29, 2003) against MMO
Japan Ltd. (based in Hachioji-city, Tokyo) and its representative Michihito Matsuda,
who administer a file exchange service called File Rogue, recognizing
that the company holds responsibility for copyright infringement. The File
Rogue service allows users to exchange music files, such as those contained
in compact discs, free of charge on the Internet.
This judgment is an interim ruling in the suit filed by JASRAC (Japanese
Society for Rights of Authors, Composers and Publishers) on February 28, 2002
against MMO Japan Ltd. to halt the file exchange service and to demand payment
of more than 210,000,000 yen for damages. It is to judge whether MMO Japan Ltd.
is the main subject of copyright infringement and whether the defendant is held
responsible for compensation of damages due to copyright infringement. As a judgment
has been made, from hereafter, proceedings will continue regarding the scope of
suspension and the amount of damages to be paid.
In the provisional injunction applied by JASRAC in January 2002, the Tokyo District
Court has also made a decision against MMO Japan Ltd. on April 11, 2002 not to
transmit to users information of musical works administered by JASRAC (hereinafter
referred to as REPERTOIRE), such as work titles.
[DETAILS OF THE CASE]
From November 1, 2001, MMO Japan Ltd. has introduced a Japanese version of a file
exchange service called File Rogue on the Internet from November 1,
2001. The service gained much attention as a service offering free software
to enable file exchange and as a Japanese version of Napster.Many
Internet users converted musical compact discs into files such as MP3 files and
used this website. According to research conducted by JASRAC, at least 63,000
works in the REPERTOIRE a month were used in this service.
On January 29, 2001, JASRAC applied for a provisional injunction to the Tokyo
District Court seeking to halt the relevant service. The application was made
jointly with 19 companies under the Recording Industry Association of Japan, owner
of neighboring rights.
On February 28, 2002, a suit was filed and demands were made as follows
MMO Japan Ltd. shall not make electronic MP3 files created by the reproduction
of REPERTOIRE available sending/receiving by File Rogue, an electronic
file exchange service on the Internet administered by the relevant company.
MMO Japan Ltd. and its representative, Michihito Matsuda, shall jointly
pay 214,330,000 yen for damages up to February 2002 and 39,690,000 yen a month
for damages after March 1, 2002.
Provisional injunction on April 9, 2002YInformation of files, such as work titles
and artistsē names, shall not be transmitted to users of File Rogue.
On April 16, 2002, MMO Japan Ltd. stopped the File Rogue service.
[CONTENTS OF THE RULING]
Recognition of infringement and responsibility
The File Rogue service has the characteristics of a service enabling
users to make MP3 files available for transmission. The files are automatically
transmitted to the public and made transmittable under the administration of MMO
Japan Ltd., and from this, the company gains business profit. Therefore, MMO Japan
Ltd. is the main subject of the infringement of automatic public transmission
rights and the right of making transmittable.
MMO Japan Ltd. and Michihito Matsuda, together acting illegally to infringe copyright,
bear the joint liability for the compensation of damages.
[EVALUATION OF RULING AND JASRACēS FUTURE COURSE OF ACTION]
Further to the provisional injunction of April 2002, we would like to highly evaluate
the fact that an accurate legal decision was made in this suit by the speedy proceedings.
Todays ruling agrees with the request for the international harmonization
of copyright protection, and it also has a big meaning for copyright protection
in the IT age and the promotion of appropriate usage of copyrighted works. JASRAC
will severely fight not only P2P services but also other illegal usages of copyrighted
works by using its original surveillance system and the Law on Limitation
of Certain Telecommunication Service Providers Liability to Pay Damages
and on Disclosure of Sendersē Information, and will also continue its efforts
to promote appropriate usage of music by methods such as the spreading of digital
watermark technology and the building of systems for easier application of copyright
clearance.
End
|