November 13, 2013
Japanese Society for Rights of Authors,
Composers and Publishers
Appeal of judgment on case requesting rescission of FTC decision
The Japanese Society for Rights of Authors, Composers and Publishers (JASRAC), today, filed for a final appeal and a petition for acceptance of final appeal (hereafter "Appeal") with regard to the Tokyo High Court (Chief Judge Toshiaki Iimura) judgment on the case requesting rescission of the FTC decision rendered on November 1.
The case requesting rescission of the FTC decision mentioned above is a 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 nullify the cease-and-desist order (2009 Cease-and-desist Order No. 2, hereafter "Order") the FTC brought against JASRAC. The Tokyo High Court 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 based on detailed examination of evidence and rational, and there were no mistakes in law interpretation, and therefore there is no basis for the Decision to be rescinded.
The Tokyo High Court judgment repudiates both of these arguments, but JASRAC believes each of these judgments was based on erroneous interpretation and application of laws. Therefore, JASRAC has concluded that a judgment by the Supreme Court must be sought, and has decided to file an Appeal.
*Means the qualification to take legal action and receive a judgment. It is a prerequisite for legal action to be lawful.
November 1, 2013 →Court judgment on case requesting rescission of FTC decision
June 15, 2012 →Decision of the Fair Trade Commission
February 2, 2012 →Draft Decision Delivered from the Fair Trade Commission