Japanese court overturns Winny ruling, says file-sharing software is legal even if used for infringement

Rob sez, 'Winny is a file sharing program in Japan. It's developer was found guilty in district court of copyright violations, but now it's been overturned. Some nice common sense quotes from the decision - "...The crime of assisting violations by a large indefinite number of people whom he has never met does not stand... Anonymity is not something to be looked on as illegal, and it is not something that applies specifically to copyright violations. The technical value of the software is neutral."'

The focus of the appeal was whether Kaneko had intended to violate the Copyright Law through the distribution of illegally copied software. Public prosecutors had argued that it was a premeditated crime in which he aided violations of the law. Lawyers argued that Kaneko was innocent, saying, "The purpose (of supplying the software) was purely to verify the technology. The crime of assisting violations by a large indefinite number of people whom he has never met does not stand."

Ogura ruled that Kaneko did not promote the software among users to be used for copyright violations, and said that the charge of assisting violations of the law couldn't be applied. The judge added that if the district court's decision stood, then Kaneko's culpability could stand as long as the software existed, and that caution should be exercised.

High court overturns guilty ruling against developer of file-sharing software Winny (Thanks, Rob!)

[Kyle Armbruster #1 22:30 on Thu, Oct. 8]

Just want to pop in here for a bit to let all you Japan-based BB readers know that your ISP is still watching you, and if they see you transferring copyrighted works via Gnutella, etc. in the clear, you'll get an email about it (on your ISP account, so check it from time to time!). If they see it again, no more ISP for you.

The P2P package Share is encrypted, but is a hassle to get working.

I've continued BTing things from time to time since the crackdown, without issue from my ISP (Biglobe), although it seems to be quite throttled.

And last, and I really, totally, honestly mean this: The best option is to just pay for what you want. Maybe someday that might not be the way to get money to the people who make what you like, but for now, it still is.

[benher #2 22:33 on Thu, Oct. 8]

If this isn't a sudden outbreak of common sense, I don't know what is. Also, Kyle's right about the throttling, packet filtering, monitoring hoo-hah - but thankfully not all Japanese ISPs are guilty.

[Rob #3 01:34 on Fri, Oct. 9]

Aw man, I can't even use "its" right, and now it's right on Boing Boing for the world to see. My excuse, I was in a rush to get to my school's semester closing ceremony.

Living in Japan, theoretically* I download all manner of stuffs, most likely illegally, but don't use any of the trackable P2P software. Thing is, if I dl something, and like it, I buy it. And only keep digitable copies of stuff I've bought. [Welcome to the future, corporate overlords.]

*theoretically of course, because the situation I've described would clearly just be wrong, wrong, wrong. Like murdering puppies, even.

[Robert #4 09:03 on Fri, Oct. 9]

+tag: suddenoutbreakofcommonsense

[teapot #5 08:12 on Sat, Oct.10]

I never remembered to thank HBO or my neighbour in Daitabashi for s1-7 of the Sopranos.... seems like I jumped ship just before the banhammer came down on BT in japan.

Phew!