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May 10, 2010
JASRAC


Japanese Society for Rights of Authors,
Composers and Publishers (JASRAC)

Man Found Guilty of Illegal Music Distribution for Setting up Links to Music Files
Uploaded on Foreign Online Storage Site


On May 5, 2010, the Sapporo District Court found a 46-year-old man guilty of copyright infringement for allowing the general public to download MP3 files of musical works administered by JASRAC by uploading the music files onto an online storage site and setting up links to the music files on an automated web link site. The verdict comes with a 1-year prison sentence and a 2-year stay of execution.

The man established an Internet site titled "Kyokuhari Seieitachino Tamariba" (direct translation: "Lounge of the Elite Music Posters") on a free automatic link directory rental service called "ALINK," posted links to music files uploaded onto an online storage site based overseas called "MediaFire," and conducted unauthorized transmissions. JASRAC's legal action led to the arrest of the man on March 1, 2010 by the Community Safety Department, Economic and Social Affairs Division of Hokkaido Prefectural Police Headquarters and the Hokkaido Sapporo Area Chuo Police Station for copyright infringement.

This case's heinousness is characterized by the defendant's uploading of music files to an online storage site operated abroad in a blatant attempt to elude blame.

The man is the first person found guilty of copyright infringement, where the court determined that the setting up of links to music files uploaded onto a foreign online storage site constituted an illegal music distribution.

Illegal music distribution is a hindrance to the advance of music culture, and JASRAC vows its continued cooperation to police in proactively eradicating illegal music distribution over the Internet.

The downloading of music from sites conducting illegal transmissions and P2P software networks under the knowledge that the music is being uploaded illegally became an illegal act as of January 2010 due to an amendment to the Japanese Copyright Law.
For more information on the amended Copyright Law, please refer to the Japanese government's Internet video (available in Japanese only).
(http://nettv.gov-online.go.jp/prg/prg2824.html)

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