November 1, 2013
Japanese Society for Rights of Authors,
Composers and Publishers
Court judgment on case requesting rescission of FTC decision
In the legal action brought by e License Inc. (hereafter “e-License”) against the Fair Trade Commission (hereafter “FTC”) in response to the FTC’s decision (2009 Decision No. 17, hereafter “Decision”) to rescind the cease-and-desist order (2009 Cease-and-desist Order No. 2, hereafter “Order”) the FTC brought against the Japanese Society for Rights of Authors, Composers and Publishers (JASRAC), the Tokyo High Court (Chief Judge Toshiaki Iimura) today rendered a judgment to rescind the Decision, determining that the Decision’s acknowledgements were not based on substantive facts, and that the FTC’s conclusions were flawed.
JASRAC participated in this court case as a third party whose rights would be prejudiced as a result of the outcome of an action (Administrative Case Litigation Act Article 22 (1)), and argued the following points:
- E-License, which is not an addressee of the Order or the Decision, does not have the *standing to sue.
- Even if a standing to sue is recognized, the finding of facts of the Decision were rational, and there were no mistakes in law interpretation, and therefore there is no basis for the Decision to be rescinded.
Today’s judgment repudiates both of these arguments, and is in no way acceptable. JASRAC believes that suitable action will need to be taken after careful examination of the judgment paper.
*Means the qualification to take legal action and receive a judgment. It is a prerequisite for legal action to be lawful.
June 15, 2012 →Decision of the Fair Trade Commission
February 2, 2012 →Draft Decision Delivered from the Fair Trade Commission