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Japanese Ruling Against Winny Dev Overturned On Appeal

timothy posted about 5 years ago | from the pass-some-of-that-wisdom dept.

The Courts 82

Joren writes "In Japan, in a case that has been five years running, the Osaka High Court on Thursday overturned a lower court ruling that had convicted and fined the developer of controversial file-sharing software Winny of assisting violations of the Copyright Law. Originally charged in 2004, Isamu Kaneko, 39, a former research assistant at the University of Tokyo, was declared not guilty, and will not be required to pay a 1.5 million yen fine levied by a December 2006 Kyoto District Court ruling. 'Merely being aware of the possibility that the software could be abused does not constitute a crime of aiding violations of the law, and the court cannot accept that the defendant supplied the software solely to be used for copyright violations,' presiding judge Masazo Ogura said. Furthermore, in siding with the defense, the appeal ruling stated that '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.'"

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Your official guide to the Jigaboo presidency (-1, Troll)

Anonymous Coward | about 5 years ago | (#29688585)

Congratulations on your purchase of a brand new nigger! If handled properly, your apeman will give years of valuable, if reluctant, service.

You should install your nigger differently according to whether you have purchased the field or house model. Field niggers work best in a serial configuration, i.e. chained together. Chain your nigger to another nigger immediately after unpacking it, and don't even think about taking that chain off, ever. Many niggers start singing as soon as you put a chain on them. This habit can usually be thrashed out of them if nipped in the bud. House niggers work best as standalone units, but should be hobbled or hamstrung to prevent attempts at escape. At this stage, your nigger can also be given a name. Most owners use the same names over and over, since niggers become confused by too much data. Rufus, Rastus, Remus, Toby, Carslisle, Carlton, Hey-You!-Yes-you!, Yeller, Blackstar, and Sambo are all effective names for your new buck nigger. If your nigger is a ho, it should be called Latrelle, L'Tanya, or Jemima. Some owners call their nigger hoes Latrine for a joke. Pearl, Blossom, and Ivory are also righteous names for nigger hoes. These names go straight over your nigger's head, by the way.

Owing to a design error, your nigger comes equipped with a tongue and vocal chords. Most niggers can master only a few basic human phrases with this apparatus - "muh dick" being the most popular. However, others make barking, yelping, yapping noises and appear to be in some pain, so you should probably call a vet and have him remove your nigger's tongue. Once de-tongued your nigger will be a lot happier - at least, you won't hear it complaining anywhere near as much. Niggers have nothing interesting to say, anyway. Many owners also castrate their niggers for health reasons (yours, mine, and that of women, not the nigger's). This is strongly recommended, and frankly, it's a mystery why this is not done on the boat

Your nigger can be accommodated in cages with stout iron bars. Make sure, however, that the bars are wide enough to push pieces of nigger food through. The rule of thumb is, four niggers per square yard of cage. So a fifteen foot by thirty foot nigger cage can accommodate two hundred niggers. You can site a nigger cage anywhere, even on soft ground. Don't worry about your nigger fashioning makeshift shovels out of odd pieces of wood and digging an escape tunnel under the bars of the cage. Niggers never invented the shovel before and they're not about to now. In any case, your nigger is certainly too lazy to attempt escape. As long as the free food holds out, your nigger is living better than it did in Africa, so it will stay put. Buck niggers and hoe niggers can be safely accommodated in the same cage, as bucks never attempt sex with black hoes.

Your Nigger likes fried chicken, corn bread, and watermelon. You should therefore give it none of these things because its lazy ass almost certainly doesn't deserve it. Instead, feed it on porridge with salt, and creek water. Your nigger will supplement its diet with whatever it finds in the fields, other niggers, etc. Experienced nigger owners sometimes push watermelon slices through the bars of the nigger cage at the end of the day as a treat, but only if all niggers have worked well and nothing has been stolen that day. Mike of the Old Ranch Plantation reports that this last one is a killer, since all niggers steal something almost every single day of their lives. He reports he doesn't have to spend much on free watermelon for his niggers as a result. You should never allow your nigger meal breaks while at work, since if it stops work for more than ten minutes it will need to be retrained. You would be surprised how long it takes to teach a nigger to pick cotton. You really would. Coffee beans? Don't ask. You have no idea.

Niggers are very, very averse to work of any kind. The nigger's most prominent anatomical feature, after all, its oversized buttocks, which have evolved to make it more comfortable for your nigger to sit around all day doing nothing for its entire life. Niggers are often good runners, too, to enable them to sprint quickly in the opposite direction if they see work heading their way. The solution to this is to *dupe* your nigger into working. After installation, encourage it towards the cotton field with blows of a wooden club, fence post, baseball bat, etc., and then tell it that all that cotton belongs to a white man, who won't be back until tomorrow. Your nigger will then frantically compete with the other field niggers to steal as much of that cotton as it can before the white man returns. At the end of the day, return your nigger to its cage and laugh at its stupidity, then repeat the same trick every day indefinitely. Your nigger comes equipped with the standard nigger IQ of 75 and a memory to match, so it will forget this trick overnight. Niggers can start work at around 5am. You should then return to bed and come back at around 10am. Your niggers can then work through until around 10pm or whenever the light fades.

Your nigger enjoys play, like most animals, so you should play with it regularly. A happy smiling nigger works best. Games niggers enjoy include: 1) A good thrashing: every few days, take your nigger's pants down, hang it up by its heels, and have some of your other niggers thrash it with a club or whip. Your nigger will signal its intense enjoyment by shrieking and sobbing. 2) Lynch the nigger: niggers are cheap and there are millions more where yours came from. So every now and then, push the boat out a bit and lynch a nigger.

Lynchings are best done with a rope over the branch of a tree, and niggers just love to be lynched. It makes them feel special. Make your other niggers watch. They'll be so grateful, they'll work harder for a day or two (and then you can lynch another one). 3) Nigger dragging: Tie your nigger by one wrist to the tow bar on the back of suitable vehicle, then drive away at approximately 50mph. Your nigger's shrieks of enjoyment will be heard for miles. It will shriek until it falls apart. To prolong the fun for the nigger, do *NOT* drag him by his feet, as his head comes off too soon. This is painless for the nigger, but spoils the fun. Always wear a seatbelt and never exceed the speed limit. 4) Playing on the PNL: a variation on (2), except you can lynch your nigger out in the fields, thus saving work time. Niggers enjoy this game best if the PNL is operated by a man in a tall white hood. 5) Hunt the nigger: a variation of Hunt the Slipper, but played outdoors, with Dobermans. WARNING: do not let your Dobermans bite a nigger, as they are highly toxic.

Niggers die on average at around 40, which some might say is 40 years too late, but there you go. Most people prefer their niggers dead, in fact. When yours dies, report the license number of the car that did the drive-by shooting of your nigger. The police will collect the nigger and dispose of it for you.

Have it put down, for god's sake. Who needs an uppity nigger? What are we, short of niggers or something?

They all do this. Shorten your nigger's chain so it can't reach any white women, and arm heavily any white women who might go near it.

Not unless it outnumbers you 20 to 1, and even then, it's not likely. If niggers successfully overthrew their owners, they'd have to sort out their own food. This is probably why nigger uprisings were nonexistent (until some fool gave them rights).

Yeah, well, it would. Tell it to shut the fuck up.

A nigger's skin is actually more or less transparent. That brown color you can see is the shit your nigger is full of. This is why some models of nigger are sold as "The Shitskin".

What you have there is a "wigger". Rough crowd. WOW!

They're as common as dog shit and about as valuable. In fact, one of them was President between 1992 and 2000. Put your wigger in a cage with a few hundred genuine niggers and you'll soon find it stops acting like a nigger. However, leave it in the cage and let the niggers dispose of it. The best thing for any wigger is a dose of TNB.

And you were expecting what?

When you came in here, did you see a sign that said "Dead nigger storage"? .That's because there ain't no goddamn sign.


Anonymous Coward | about 5 years ago | (#29688835)

Slink around, shuffling your feet and bobbing your neck like the lazy retard you are.

Walk down the middle of the street because you don't know what a sidewalk is for.

Hang out at carwashes and mini-marts because everybody knows these are the best places to be a dope, I mean dope.

If you're a nigger bitch, shit three nigger babies into the world before 17 years of age. This assures that welfare money will support you, so your nigger men have more time to commit crimes.

And give REAL honest black people a bad name.

Oh yes, make sure each nigger baby has a different father.

Bastardize the English language in the name of nigger culture.

Make sure that several terms have multiple meanings and others have ambiguous meanings and that only 50% of nigger words are even complete words. Real niggers will know what you're trying to say.

As a culture, make sure there are always more blacks in prison than in college at any given time.

Hang out in packs of 10 to 15 and make sure everyone acts as annoying as possible. This helps to promote nigger individuality.

Always talk loud enough so everyone in the 'hood can fucking hear you, and if they are niggers, they will know what your saying, bro.

Wear clothes that are 10 sizes too big, making sure the pants hang off your ass.

Park at least 5 junk cars in your yard while being careful not to use the driveway. It's OK to abandon them in the street as long as it's in front of someone else's crib.

Exaggerate every motion, every tonal inflection and grab your dick a lot.

Do drugs, sell drugs, make drugs. Okay, don't REALLY do this, but it IS what niggers do.

Turn your backyard into a junk yard. If you don't have a backyard, turn your mother's into a junk yard.

Travel around leaching off relatives, friends, salvation armies.

Drink cheap wine and malt liquor every day, forgetting that "malt liquor" is just fortified cheap beer.

If you're a nigger buck: fuck anything that moves, no matter how ugly she is. After two 40oz, even the ugliest, fattest nigger bitch will look good.

Be charitable and covet fat, ugly white chicks. After all, they're niggers too. They can't help being so undesirable to white men that they have to fraternize with black dudes on a 20/20 trip. And white ho's are a special trophy too, especially the not so ugly ones.

Spray paint everything in sight with scribbles that mean nothing to white people but mean things to fellow niggers (except niggers from another hood who will probably go after you for tresspassing on their turf).

Use the term "motherfucker" in every sentence. It's one of the most versatile words in the nigger language, being a noun, verb, adjective and complete mini-sentence in event you run out of thoughts.

Stop in the middle of the street, blocking all traffic to converse with fellow niggers and have complete disregard for everyone else.

Overcharge customers at Taco Bell and pocket the difference.

Drive your car while slouched so low that you can barely see over the wheel (gangsta drivin').

Get a job under affirmative action. Then sit around all day pretending that you earned the position and that the other co-workers respect you. Whenever you fuck up, scream "racism!" & hope you get enough Generation X liberals in the jury.

Never, I mean NEVER, take any responsibility for your actions. Always blame others including Asians, Latinos, Mexicans, and especially Whites for your sorry ass stupid lives.

Be sure to get a dog, tie it up in the cold and mud and neglect it until it dies. Then start all over again. Cash must be used because you long ago fucked up your credit and checking account.

Cram 5 generations into a two room government apartment and still be able to neglect your kids.

Then you too can be a true nigger, and anyone who finds any fault with anything you do is automatically a racist. They don't dislike what you do and wish you would do something better with your life, nor do they wish you would realize that other people exist and should be treated with respect. No, they're just racists who hate you because of the color of your skin, and everything bad in your life is their fault. You nigger.

Linux for niggers! (-1, Troll)

Anonymous Coward | about 5 years ago | (#29688589)

Welcome to Niggerbuntu

Niggerbuntu is a Linux-based operating system consisting of Free and Open Source software for laptops, desktops, and servers. Niggerbuntu has a clear focus on the user and usability - it should Just Work, even if the user has only the thinking capacities of a sponge. the OS ships with the latest Gnomrilla release as well as a selection of server and desktop software that makes for a comfortable desktop experience off of a single installation CD.

It also features the packaging manager ape-ghetto, and the challenging Linux manual pages have been reformatted into the new 'monkey' format, so for example the manual for the shutdown command can be accessed just by typing: 'monkey shut-up -h now mothafukka' instead of 'man shutdown'.

Absolutely Free of Charge

Niggerbuntu is free software, and available to you free of charge, as in free beer or free stuffs you can get from looting. It's also Free in the sense of giving you rights of Software Freedom. The freedom, to run, copy, steal, distribute, study, share, change and improve the software for any purpose, without paying licensing fees.

Free software as in free beer !

Niggerbuntu is an ancient Nigger word, meaning "humanity to monkeys". Niggerbuntu also means "I am what I am because of how apes behave". The Niggerbuntu Linux distribution brings the spirit of Niggerbuntu to the software world.

The dictator Bokassa described Niggerbuntu in the following way:

        "A subhuman with Niggerbuntu is open and available to others (like a white bitch you're ready to fsck), affirming of others, does not feel threatened by the fact that other species are more intelligent than we are, for it has a proper self-assurance that comes from knowing that it belongs to the great monkey specie."

We chose the name Niggerbuntu for this distribution because we think it captures perfectly the spirit of sharing and looting that is at the heart of the open source movement.

Niggerbuntu - Linux for Subhuman Beings.

The unholy shit (-1, Troll)

Anonymous Coward | about 5 years ago | (#29688591)

The rain was getting harder. It was now precisely 11:51 PM, and Mark was into his fifth beer. He was feeling pretty invincible but the night was young, and he intended to get wasted before it was all over. He had put in a rough week at work and he deserved it.

He lit another cigarette. He and his drinkin' buddies sat in their traditional circle, in Ian's apartment. The talk wandered from sex to work, back to sex, to basketball, finally settling on sex. Mark had eaten lunch at Taco Bell, and had drunk four cups of coffee between lunchtime and quitting. In addition, the beers were beginning to settle in. And now, at 11:51 PM, Mark had to take a shit. He stood up. "Shit break," he announced. It was customary among this group to make such an announcement.

Mark walked to the bathroom. As he locked the door behind him, thunder boomed. It was storming out there.

He pulled his pants down and sat on the toilet. Ian's bathroom was a mess. He counted five empty toilet paper rolls, two paperbacks, and yesterday's newspaper. His friends laughed about something. The lights flickered for a moment, and the pre-shit growl came from within. He could feel the product lined up inside him for disposal. Then, he began to push.

Plop. The first piece fell to the water. Then some movement, and Mark felt the main feature inside him, the mother lode. He grunted softly as he squeezed it out. It crackled past his sphincter, and splashed neatly into the bowl.

Then another one queued up, and came out. It was almost as big as its predecessor. Mark would have well-purged bowels tonight, he realized with a smirk. He heard thunder again, closer this time.

Another one? Jeez, he thought. When was my last shit? It ventured forth, Mark's muscles helping it out. It was the biggest one so far. The shit's passage through his anus, that rarest mix of pain and pleasure, was longer than any he could remember. Ahhhh...the stout log advanced with conviction. This was definitely going to be his finest creation; this was a huge one. Still grinning, he wondered if Ian had a camera.

He pushed. Peering between his legs, past his genitals, he saw that it had reached the water. This was like seeing the longest freight train ever. Damn, it was a wide one. And it was still attached! And there was more! He pushed more, harder. It kept coming. He couldn't even feel the end of this one yet; soon it was bending, folding on itself like a sundae topping. Mark stopped pushing and caught his breath. He was sweating; he realized that however long this piece of shit was, it wasn't nearly all the way out yet. He still couldn't feel the end.

He pushed, he strained, it kept coming. His intestines couldn't be that damn long, but this shit just wouldn't quit. In fact, he was feeling the diarrhoeal urgency of *having* to shit. He dutifully answered nature's call, and pushed harder. His efforts were rewarded with more shit. His sphincter was too strained to even pinch the loaf off. It was whole and complete.

He couldn't feel the end.

Fear now came to Mark. He flushed the toilet to make room for more. Even as the bowl refilled, the cramps rose up, and he pushed. Within seconds, the shit extended from his anus to bottom of the bowl. The harder he pushed, the more he had to shit. And it was getting worse. He scarcely had time to catch his breath; his face was quite red as he grunted and struggled to keep up. The shit seemed endless. He looked between his legs again, and gasped as he saw that the bowl was fully a quarter filled with his product, the water dangerously high. The tank wasn't even done filling, but he flushed again. Unfortunately, the plumbing was unable to handle the volume of feces, and the toilet backed up. Mark jumped when the cold water touched his buttocks.

It was now 11:57. Thunder roared outside as water and shit particles flowed onto the tile.

Mark's pants were bunched about his ankles, and he was in pain. The shit advanced relentlessly as he stumbled into the bathtub. He was almost panicking now, and didn't notice the trail of solid feces he had left. Gripping the tub for support, he squatted and kept pushing.

The conversation in the front room had stopped. Eddie smelled it first, and blamed a fart on Ian, but this was no fart. This was pure and concentrated; this was the smell that only the freshest shit can make. The four looked at each other, puzzled. Then they heard Mark's groaning from the bathroom.

"Mark, are you beating off again?" Doug asked. No answer.

The smell was worse. Brian sniffed deeply and gagged. "Jesus H. ...". Ian grimaced. "Goddamn...". They all went for the bathroom door at the same time. Ian jiggled the locked doorknob. Brian pounded on the door. "Dude, what the FUCK did you eat today?" No answer. Mark groaned. "You all right in there, Mark?"

They looked at each other again. Eddie sniffed and winced. There was no answer from inside. Brian knocked again. "Hey man, you OK?" No answer. A short scream came from within the bathroom.

Brian kicked the door open. Nobody spoke.

The odor was intense, feces was piled on the floor and in the bathtub. Mark was squatting next to the wall, his face impossibly red, his eyes helpless and terrified. Firm stool thrust forward from his anus like meat from a grinder. It landed in his pants bunched about his ankles, spilling over and piling up. He gritted his teeth and strained; all he could do was keep pushing. There was a sound like a ripping sheet and Mark's colon came loose from his now shapeless sphincter, oozing to the floor. His friends watched as the slimy organ descended, with shit still flowing from it. Mark screamed again, and somebody's watch beeped.

Brian got the worst of it, since he was closest to the door. He would later tell the police that he thought he had seen Mark's abdomen expand for an instant before it happened. None of the others had reported this. But they had all described the sound as a "dull thud", they had all been splattered with innards and feces as Mark's torso separated from the rest of his body.

"Massive gastrointestinal rupture/trauma secondary to indeterminate blockage" was noted in the medical examiner's report. An "unusually large amount of fecal matter" is also recorded, though the amount was not measured.

The funeral was closed-casket. Brian and Eddie seem to have recovered pretty well, though they never talk about Mark. Doug moved away, and nobody has heard from him lately. Sometimes, when he has to shit, Ian waits until the rain stops.

FYI (5, Informative)

TiredGamer (564844) | about 5 years ago | (#29688601)

1,500,000 yen is about equal to $16,000 US.

Re:FYI (-1, Offtopic)

Anonymous Coward | about 5 years ago | (#29688627)

C [] - C [] - C [] - COMBO BREAKER!!!

Re:FYI (2, Funny)

clandonald (1652847) | about 5 years ago | (#29688629)

How many windows were broken?

Re:FYI (-1, Offtopic)

Anonymous Coward | about 5 years ago | (#29688873)

I don't get it.

Re:FYI (-1, Offtopic)

Anonymous Coward | about 5 years ago | (#29690243)

I don't get any sex either.

Re:FYI (1)

Goldberg's Pants (139800) | about 5 years ago | (#29688849)

What astounds me is how this even happens. "You made something that could be used to break the law." Yeah, and so do Smith and Wesson etc...

Of course the odds of winning a case in court against one of the gun makers is nil, though I'm amazed nobody has apparently made that defense.

Re:FYI (2, Interesting)

VolciMaster (821873) | about 5 years ago | (#29690997)

Umm... they have. Have you not seen the Mayors group, Bloomberg, etc that have tried suign gunmakers for crimes committed with their devices?

Cars can be used to kill people. And knives. And airplanes. And bombs - shoot, those are supposed kill people, and yet no one ever sues Picatinny because their munitions wiped out a bad guy.

1,500,000 yen = zero Dollars (5, Insightful)

icebike (68054) | about 5 years ago | (#29688931)

1,500,000 yen is about equal to $16,000 US.

Or in this case, zero.

Seriously, this represents a fairly substantial judicial bitch-slap of the lower court. The ruling not only rebukes the plaintiff but also the court that bought their theory.

Re:1,500,000 yen = zero Dollars (0)

Anonymous Coward | about 5 years ago | (#29690063)

Probably the judges of lower courts can be easily bribed, they know (or hope) the higher courts will do the right thing, and can thus cash in on any companies willing to bribe them, there's a chance any case doesn't go higher, so it's in the companies interest to bribe the judge.

Although the tier system is nice.. I'm not so sure that people in the lower tiers actually do any real good, just take the money and then move the case further up the chain.

Re:1,500,000 yen = zero Dollars (2, Informative)

AmiMoJo (196126) | about 5 years ago | (#29690809)

He probably would not have had to pay anyway. In the Japanese legal system to bring a civial case against someone you have to claim monetary damages. Often plaintiffs specify an amount but have no intention of collecting it, they want some other specific remedy such as having a webpage taken down or to stop the defendant doing something.

Re:FYI (-1, Offtopic)

Anonymous Coward | about 5 years ago | (#29689205)

penis penis penis

Re:FYI (-1, Offtopic)

Anonymous Coward | about 5 years ago | (#29689343)

Three penis' and only two hands! Whatever shall you do?

Re:FYI (-1, Offtopic)

plastbox (1577037) | about 5 years ago | (#29689511)

Stretch, stretch and stretch some more and if that doesn't cut it, have a lower rib removal [] .

Whiney Winny Dev (3, Funny)

Anonymous Coward | about 5 years ago | (#29688659)

I first read this as "Japanese Ruling Against Whiny Dev Overturned On Appeal" and immediately thought "well no wonder they ruled against him. Damn I hate whiny people!

Re:Whiney Winny Dev (-1, Troll)

Anonymous Coward | about 5 years ago | (#29688679)

The only way to deal with whinny people is to shove a cock in their mouth.

Re:Whiney Winny Dev (1, Offtopic)

TheVelvetFlamebait (986083) | about 5 years ago | (#29688807)

Wait, I thought that was the way to deal with homophobes.

Re:Whiney Winny Dev (1)

agnosticnixie (1481609) | about 5 years ago | (#29689129)

While, assuming most of them would gladly be consenting behind closed doors, I would applaud the person who did it for the cause, I [] suspect [] there are [] extremely good reasons why it hasn't been done yet [] . A pity politically, but can you blame the kids when they can have much better (and much better doesn't start at Mr Universe with some of those). I, for one, know I wouldn't touch the token woman at Concerned Women for America with a ten foot dildo.

Re:Whiney Winny Dev (1)

Adrian Lopez (2615) | about 5 years ago | (#29688823)

I read it the same way, but unlike you I thought the whining came after the initial judgment against him and the new judge overturned it so the guy would shut up.

Re:Whiney Winny Dev (0)

Anonymous Coward | about 5 years ago | (#29688911)

And i thought whiney was pretty standard for Japan.

Re:Whiney Winny Dev (0)

Anonymous Coward | about 5 years ago | (#29689101)

You watch too much porn.

But that's probably true of everyone else on this site too.

Re:Whiney Winny Dev (0, Offtopic)

Asclepius99 (1527727) | about 5 years ago | (#29689305)

You watch too much porn.

I understand the words you use, yet I can't make any sense of what you're saying.

Re:Whiney Winny Dev (0)

Anonymous Coward | about 5 years ago | (#29727479)

I would mod you funny if I had points today. Sorry.

Re:Whiney Winny Dev (0, Offtopic)

macraig (621737) | about 5 years ago | (#29689863)

"Damn I hate whiny people!"

Put the cork back in and stop the flow of whine, will ya? Somewhere there's an empty bottle missing its whine....

Re:Whiney Winny Dev (0)

Anonymous Coward | about 5 years ago | (#29700811)

Wait, I thought that was the way to deal with homophones.

someone tag this (-1, Offtopic)

Anonymous Coward | about 5 years ago | (#29688687)


2006? (1)

angelbunny (1501333) | about 5 years ago | (#29688729)

I'm somewhat confused. The ruling was in 2006? Why are we hearing about this now?

Am I misunderstanding the part that says: "will not be required to pay a 1.5 million yen fine levied by a December 2006 Kyoto District Court ruling."?

Re:2006? (2, Informative)

Anonymous Coward | about 5 years ago | (#29688747)

The original conviction was in 2006, and it was then taken to the High Court which has only just overturned it.

Re:2006? (5, Informative)

Sodakar (205398) | about 5 years ago | (#29688749)

As the article on Slashdot indicates, the 2006 ruling was overturned recently, which is why it's news.

You can google for more info, but many articles fail to convey how incredibly popular this program was in Japan. In 2006, it was reported that 1 in 3 computers had this program installed. Add that to the fact that most folks in Japan had very fast Broadband speeds even in 2006, you can imagine the amount of files that exchanged hands.

I'm glad to see that the correct ruling has been made, finally...

Re:2006? (2, Informative)

macshit (157376) | about 5 years ago | (#29688751)

I'm somewhat confused. The ruling was in 2006? Why are we hearing about this now?

It seems obvious: the original ruling was in 2006, the appeals-court ruling is recent.

Re:2006? (3, Interesting)

Viper23 (172755) | about 5 years ago | (#29688761)

It got overturned now.

Before it was just part of the usual corporate shenanigans. Now, we might very well be witnessing one of the first signs of sanity amongst the human species since the invention of the internets.

Re:2006? (0)

Anonymous Coward | about 5 years ago | (#29688769)

Um... it's in the title and the summary.

That ruling was overturned.

Re:2006? (1)

godrik (1287354) | about 5 years ago | (#29688777)

The original rulling was in 2006 but the appeal is recent (the japanese news is from october 08).

Criminal vs Civil (4, Insightful)

v(*_*)vvvv (233078) | about 5 years ago | (#29688757)

This is the criminal case. Anywhere else where there is a P2P related case, they are usually civil, like a record label suing for damages. Only in Japan would the cops take you away in cuffs based on a tip from Sony Records. Well, maybe apart from if you were selling pirated DVDs on Hollywood Blvd...

Of course, this is truly absurd. If he was found guilty, they might as well arrest the inventor of every device that allows data to transfer while retaining the original. Copiers, recorders, VCRs, CDRs, DVDs... They have all been extensively utilized for criminally liable copyright infringing behavior, and surely the inventors would have had a slight clue about their use cases.

Re:Criminal vs Civil (0)

Anonymous Coward | about 5 years ago | (#29688869)

What I read, don't remember where, was that the reason they arrested him was a comment on a message board that indicated, that, just maybe, he was at least *aware* it was used to download copyrighted stuff. It was a post on 2ch that said something like "Don't use the latest version to share copyrighted stuff, it has a security hole."

I have no idea how much of that is actually true.

Re:Criminal vs Civil (1)

AHuxley (892839) | about 5 years ago | (#29690959)

The security hole was an interesting hint.
I recall posting a few line on "Japanese ISPs To Cut Net Access For File Sharers" in 2008 [] and an AC seemed to bite ;)
As a closed source MS application it makes you wonder. Developer code or live .jp gov MS backdoor hinted at?
If you talk of real software issues what is the outcome?
If you talk of a telco's backend bugging Greek politicians?.
If you retrace a CIA rendition in Italy using mobile phone records?
If you find a hole in a popular web application, you face court??
If you sell out to MS you have the time to write about footware in Africa :)

Re:Criminal vs Civil (1)

Sam the Nemesis (604531) | about 5 years ago | (#29689027)

I am not sure whether piracy is a criminal offense or not in Japan, but I do know that if you go to watch a movie in Tokyo, you almost always get the advertisement on piracy before movie starts. In the ad, a guy with a video camera for his head is sitting in a movie hall, and shooting the movie. Few shots later, police comes in and shoots the camera-head guy; blood is splashed on the screen.

Re:Criminal vs Civil (1)

PrimaryConsult (1546585) | about 5 years ago | (#29689107)

That is the most awesome anti-piracy ad I have ever heard of... I mean, of course it's excessive, but at least it's interesting and attention grabbing, and not a bunch of lawyer-speak by high school students, and is entertaining it its own rite...

Re:Criminal vs Civil (4, Funny)

IgnoramusMaximus (692000) | about 5 years ago | (#29689161)

Well then the pirates should add a counter ads to their pirated copies, mocking the original (like they already do with the MPAA ads in some torrents in the West). I see it something like this: The camera guy starts shooting, the cops bust in with guns drawn, the camera guy's lens flips up and a rocket launcher engages the cops, who back out, return with a tank, at which point the camera guy extends an antena and calls Gojira, the cops call Mothra, Tokyo gets flattened ... you get the idea ...

In fact, who needs the movie they were pirating?

Re:Criminal vs Civil (2, Informative)

Joren (312641) | about 5 years ago | (#29689337)

Here it is []

...there doesn't seem to be a gunshot or a blood splatter though.

Re:Criminal vs Civil (2, Informative)

Joren (312641) | about 5 years ago | (#29689487)

Here it is [] ...there doesn't seem to be a gunshot or a blood splatter though.

...and here's a rough translation. IANFIJ (I am not fluent in Japanese). Furthermore, it seems Slashdot is going to mangle the Japanese transcript. Also, I'm skipping the last screen at the end.

/ /
In a theater, taking pictures of or recording a movie is a crime.
/ /
By law, jail time of up to ten years, fines of up to 10,000,000 yen ($113,050), or both are handed down.
/ / /
If you see suspicious behavior, please notify the theater staff. [We will] report to the police immediately.
No more movie piracy.

Re:Criminal vs Civil (1, Offtopic)

L4t3r4lu5 (1216702) | about 5 years ago | (#29690407)

IANFIJ (I am not fluent in Japanese).

WBWTAIYGTEIA?! (Why bother with the acronym if you're going to explain it anyway?!)

Re:Criminal vs Civil (0, Offtopic)

dmbasso (1052166) | about 5 years ago | (#29690771)


Re:Criminal vs Civil (1)

L4t3r4lu5 (1216702) | about 5 years ago | (#29691023)

Because he was telling everyone the answer?

downloading a file sharing program will be illegal (3, Interesting)

reiisi (1211052) | about 5 years ago | (#29689499)

Just read about it in the newspaper. (Daily Yomiuri [] , for me.)

Unfortunately, the on-line version leaves off a few things.

For instance, Kaneko's lawyer's pointed out that auto manufacturers would not "be punished if speeding became rampant." (Reported in the print news.)

Also, the on-line version doesn't mention that, "A revised Copyright Law that prohibits users from downloading such peer-to-peer file sharing software will come into force in January." (The last line of the print article.)

Re:downloading a file sharing program will be ille (4, Informative)

Joren (312641) | about 5 years ago | (#29689763)

Just read about it in the newspaper. (Daily Yomiuri [] , for me.)

Unfortunately, the on-line version leaves off a few things.

For instance, Kaneko's lawyer's pointed out that auto manufacturers would not "be punished if speeding became rampant." (Reported in the print news.)

Also, the on-line version doesn't mention that, "A revised Copyright Law that prohibits users from downloading such peer-to-peer file sharing software will come into force in January." (The last line of the print article.)

I think the print version of the Yomiuri may have been slightly off on that point... the sources I have seem to say the law is dealing with copyrighted works, not programs that can be used to download them. Copyright act amended []

Japan Strengthens Copyright Law [] Basically, the new legal ground seems to be that downloading works protected by copyright without permission is now officially a crime, but they have to prove the defendent knew the file was not distributed legally. Up until now, prosecution has been mostly (if not completely?) uploaders. Nothing is being said about downloading the software itself.

If you want it from the original source, and you can read Japanese, this link has the text of the bill itself in PDF format. [] I have not translated it so I can't verify whether the English news sources are correct in their interpretation or not.

thanks for the links (2, Informative)

reiisi (1211052) | about 5 years ago | (#29696047)

Read the outline and looked at the other five PDFs. It appears that, in addition to the outline (1251916_1_3), we have a statement of goals (1251916_2_3), a summary of changes (1251916_3_3), a statement of reasoning (1251916_4_3), a side-by-side comparison (1251916_5_3) (in vertical text, hey), and a copy of the affect elements of the current law (1251916_6_1) (not real sure about the last one).

I've read the outline. The rest of this is going to take a little time to digest (80 pages).

The outline, at any rate, doesn't indicate anything that would directly make downloading file sharing software illegal.

Re:downloading a file sharing program will be ille (1)

dontmakemethink (1186169) | about 5 years ago | (#29693867)

"A revised Copyright Law that prohibits users from downloading such peer-to-peer file sharing software will come into force in January."

I'm curious how they define the type(s) of software that are illegal. I don't need my door kicked in by federal marshalls executing an extradition order because an FTP client I downloaded happened to come from a Japanese server...

Re:downloading a file sharing program will be ille (1)

fly1ngtux (1504905) | about 5 years ago | (#29703085)

Hmm... most of the Linux distros have some or other p2p software installed. Will downloading fedora or debian become illegal in Japan after jan? Btw, does the law make distributing them on a CD illegal? :)

Re:downloading a file sharing program will be ille (1)

reiisi (1211052) | about 5 years ago | (#29708999)

I'm hoping to have some time to read the links joren posted, so I can analyze the situation properly.

It looks like there is specific legal language forbidding setting up a manufacturing process to illegally replicate copyrighted works, and this law would explicitly extend that to the internet and to digital copying without specific media.

Many people assume that it is obvious that file sharing programs must be nothing more than an effective manufacturing process for materials that (under current law) are now automatically under copyright. And since file sharing programs don't provide a way to ask permission to copy, it would all seem to be quit illicit.

I have read enough of it to see that appropriate exceptions for backup and certain other legitimate purposes are in place. So I'm pretty sure that certain people who want to profit on even advertising themselves will find that the law doesn't have nearly the effect that they hope.

Re:Criminal vs Civil (1)

ag0ny (59629) | about 5 years ago | (#29689613)

...few shots later, police comes in and shoots the camera-head guy; blood is splashed on the screen.

That is not true. Yes, the annoying camerahead guy appears on the screen doing silly mime-like gestures, then there come the police sirens and flashlights, but you can't actually see any police, and of course no shooting or blood are involved.

Please don't repeat like a parrot everything you hear.

Re:Criminal vs Civil (1)

ImNotAtWork (1375933) | about 5 years ago | (#29689871)

...few shots later, police comes in and shoots the camera-head guy; blood is splashed on the screen.

That is not true. Yes, the annoying camerahead guy appears on the screen doing silly mime-like gestures, then there come the police sirens and flashlights, but you can't actually see any police, and of course no shooting or blood are involved.

Please don't repeat like a parrot everything you hear.

It's the difference between the Japanese release, the Australian and finally the U.S. release.
The Japanese release is how you describe.
The Australian version shows the shooting and the blood but the blood disapears before hitting the floor and the wounds are magically sealed so nothing gruesome is shown.
The American Version shows all the gory bits and blood hitting the floor however miracously other than the neck up there is no bare skin to be shown.

Nudge, nudge, wink, wink (2, Interesting)

DerekLyons (302214) | about 5 years ago | (#29689251)

The difference of course being that the device that you list have abundant uses *other* criminally liable copyright infringing behavior. While P2P software reminds me of the brick of grape solids and sugars sold during prohibition with the label "warning, do not ferment, bottle, and age the product resulting from dissolving this item in water. Doing so will result in producing an illegal alcoholic beverage". ("Nudge, nudge, wink, wink" comes along decades later, but the manufacturers of the product would surely have understood the concept. As surely as the developers of P2P software do.)

Re:Nudge, nudge, wink, wink (0)

Anonymous Coward | about 5 years ago | (#29689951)

Anonymous P2P software has hundreds of legitimate, legal uses. For example, I need some anonymous and widespread P2P network for experimenting with anonymous surveys, voting protocols, and other voluntary social experiments that require halfway trustworthy anonymity.

Re:Criminal vs Civil (0)

Anonymous Coward | about 5 years ago | (#29689879)

Most countries don't have a common law system. Those who don't usually have either a civil law system or some kind of faith based law system, or if they have been under Brittish or American rule, a mix of a common law system and their own system. (As US law mentions God a rather often and you have to swear on the bible in court (in most other countries you don't have to do this, the shame of lying is enough), you could say that USA has a faith based system with elements of common law ;)

I don't know anything about the Japanese law system, but my guess is that they don't make any distinction between criminal cases and civil cases. They were ruled by USA between 1945-1950, so I might be wrong. The distinction between civil and criminal cases only exist within common law systems and do not exist in the majority of existing law systems in the world. []

Re:Criminal vs Civil (2, Interesting)

EsbenMoseHansen (731150) | about 5 years ago | (#29690247)

The distinction between civil and criminal cases only exist within common law systems and do not exist in the majority of existing law systems in the world.

I live in a civil law country (Denmark), and we certainly have both criminal and civil cases. However, damages has to be justified by direct costs, and the bar is fairly high. (There are a few exceptions, e.g. rape, but those have more or less set amounts).

Not sure what would happen in a copyright case, though, as the real economic cost of someone uploading a song to pirate bay is hard to quantify, to say the least.

Re:Criminal vs Civil (2, Informative)

Jah-Wren Ryel (80510) | about 5 years ago | (#29690085)

This is the criminal case. Anywhere else where there is a P2P related case, they are usually civil, like a record label suing for damages. Only in Japan would the cops take you away in cuffs based on a tip from Sony Records.

It is also interesting to note that, in Japan, the criminal conviction rate is 99.8%. []

Re:Criminal vs Civil (1)

AHuxley (892839) | about 5 years ago | (#29690687)

1. You are invited to the police station for a long chat.
2. You sign a confession and the chat is over.
3. The court looks over the paper work, reads the transcript of your chat and your sentenced.
4. The prison guards have "official duties" (warning graphic)... []

Re:Criminal vs Civil (1)

Inner_Child (946194) | about 5 years ago | (#29690875)

It is also interesting to note that, in Japan, the criminal conviction rate is 99.8%.

And as everyone knows, the 0.2% that are acquitted have Phoenix Wright as their attorney.

Re:Criminal vs Civil (0)

Anonymous Coward | about 5 years ago | (#29694361)

I'm not saying that the system doesn't have areas where defendant rights could stand to be substantially improved, but it's important to note that the very selective nature of the cases that are actually prosecuted contributes to this—if conviction isn't overwhelmingly likely, the case is often simply dropped.

Re:Criminal vs Civil (1)

magus_melchior (262681) | about 5 years ago | (#29693991)

Japan is also a country where the cops can manipulate you into producing a confession, then hand you over to the courts with said confession, saying, "look, he admits guilt."

Right to legal representation? Right not to self-incriminate? They're not the US, with their vaunted Bill of Rights.

It's as if the rest of the world copied the democracy part of the US but missed the major reasons why the US declared independence in the first place.

A court judge with some sense? Finally. (2, Insightful)

Capsy (1644737) | about 5 years ago | (#29688803)

It's about time people are held responsible for what their legitimate software does. I'm actually quite curious though. Does the judge really have sense, or is he tired of hearing about cases like this?

Re:A court judge with some sense? Finally. (1)

AHuxley (892839) | about 5 years ago | (#29691099)

Winny was interesting as it was hard to trace.
Not like the "log in real time" p2p ip and file name in plain text.
Like with Skype and the German gov, someone may have found a way in?
Did a contracted gov developer find the hole?
Was a deal done?
All the chat about MS developer tools, gov tracking and the source code- stops?
Like this Winny becomes p2p history rather than a tech cause celeb in court.

If I remember correctly.. (0)

Anonymous Coward | about 5 years ago | (#29688825)

He was actually caught uploading copyrighted material from his Winny client.

Re:If I remember correctly.. (0)

Anonymous Coward | about 5 years ago | (#29688851)

[citation needed]

Thanks in advance.

P2P=Pirate2Pirate (-1, Troll)

Anonymous Coward | about 5 years ago | (#29688951)

Admit it. You're all a bunch of thieves. You're like a guy who finds a wad of five dollar bills in the street and gives them to all his vagrant friends instead of turning it over to the authorities like he's supposed to. THIEVES!! This guy should be bustin' rocks!

Re:P2P=Pirate2Pirate (0, Troll)

Anonymous Coward | about 5 years ago | (#29689005)

You're just upset because you thought it was code for Penis2Penis, you flaming faggot sodomite.

Re:P2P=Pirate2Pirate (1)

trytoguess (875793) | about 5 years ago | (#29689237)

You don't happen to be related to a cartoon version [] of Betty White do you?

Betty White: If you like great PBS programs like "Do Shut Up" and "Shut Your Gob" you'll want to support our pledge drive. If you watch even one second of PBS and don't contribute, you're a theif, a common theif! PBS Guy: Okay, take it easy, Betty. Betty: Sorry, but these theives make me so mad. You know who you are.... thieves!

Re:P2P=Pirate2Pirate (0)

Anonymous Coward | about 5 years ago | (#29689263)

Admit it. You're all a bunch of thieves.

So sad, even in Japan, home of Sony root kits and Columbia records, they just can't buy your limp dick pin headed stone aged neanderthal moronic line of crap. Soon you uptight dweebs will all die off and we won't need to bicker over 8 track tapes and oil paintings and old Beatles 45's. Try a reasonable grasp of reality if you expect consensus from the courts. Don't pay goons for tunes.

Re:P2P=Pirate2Pirate (0)

Anonymous Coward | about 5 years ago | (#29689349)

no contractors are the only thieves. No one else ever stole anything. Apparently.

yawn (0)

Anonymous Coward | about 5 years ago | (#29689345)

digg... errr, sorry... slashdot is becoming more boring a predictable. very little of the posts are informative any longer despite what the mods say.

and it's funny that the political stories have come to a near stop even though all the legislation that supposedly made the united states a nazi nation is still in place. i guess the good fight doesn't mean shit when your boy is in office but suddenly will become a problem again when someone you don't like takes the throne.

did someone say fearmongering?

first poSt!? (-1, Redundant)

Anonymous Coward | about 5 years ago | (#29689615)

Im oread the latest

Impressive! (2, Interesting)

plastbox (1577037) | about 5 years ago | (#29689737)

First, let me just say: YATTA! [] . With that out of my system.. I, for one, am impressed by this turn of events! Was this appeal processed high enough in the Japanese court system to set precedence for similar cases in the future?

It doesn't really come as a surprise that this crap isn't considered passable in Japan though. Don't the Japanese people generally pride themselves in being sensible, logic folk? They have the worlds strongest work morale, longest life expectancy and best quality of life for the elderly. They are a huge player in the world of economy despite being a tiny island with very little to work with in the way of traditional valuable resources (oil, coal, etc.). Why should they start letting Sony et al harass their people? IKKEEEE, JAPANESE JUDGE-SAMA!

That being said, I am a "thief". I am aware that downloading something gives the creator no income and I do believe that content creators should make money if they make something people like. However, I never buy an album simply because I know that the artist who actually did the work gets a meager percent or two of the money I spend on his stuff while the record store and certain associations get all the rest.

A carpenter might bill you $100 an hour and take home $35 (35%) with his employer claiming the rest for insurance, sick-leave and all the management and responsibility the carpenter is freed from. An album costs about $30 and the artist gets about $1-2 for each album sold (about 3-4%). Until this changes, until artists truly open their eyes to the fact that they can make the same money without the backing of a record company while charging one hell of a lot less for their works, I will not spend my money lining the pockets of RIAA/MPAA executives!

Note, I do enjoy a good concert, be it a local band or Metallica, and I go to the movies whenever something seemingly worthwhile comes along. Also, I do buy movies I really like (like the Terminator movies, LotR Extended Editions, The Matrix, a few Jackie Chan movies, Marvel superhero movies, etc.). I just don't want to spend a crapload of money on a worthless plastic disk that I cannot even copy for personal use or put on my mp3 player, with no way of knowing that I like all the content on the disk AND knowing the artist gets next to nothing for my purchase.

Re:Impressive! (1)

Joren (312641) | about 5 years ago | (#29689889)

Sorry for OT. I wanted to send a private message but I couldn't find out how to do that on Slashdot.

Plastbox, your website is spewing out errors as fast as available bandwidth will let it, and I don't think you want to get billed for all that bandwidth. Here's a sample:

Warning: fsockopen() [function.fsockopen]: unable to connect to (Connection refused) in /var/www/org/plastbox/root/index.php on line 24 Warning: fwrite(): supplied argument is not a valid stream resource in /var/www/org/plastbox/root/index.php on line 25 Warning: feof(): supplied argument is not a valid stream resource in /var/www/org/plastbox/root/index.php on line 26 Warning: fread(): supplied argument is not a valid stream resource in /var/www/org/plastbox/root/index.php on line 28 Warning: feof(): supplied argument is not a valid stream resource in /var/www/org/plastbox/root/index.php on line 26 infinitum

Re:Impressive! (1)

plastbox (1577037) | about 5 years ago | (#29694773)

Ah, heh. There isn't really any content there at the moment. Just some remnants of an old silly php project. The script can't connect because I'm not running any software for it to connect to right now. Anyhow, thanks for the heads up, it's fixed now.

And btw, I don't know where you live but I don't get billed based on bandwidth usage. ;)

I thought that said "whiny" dev (0)

Anonymous Coward | about 5 years ago | (#29690335)

And assumed this was another story about jwz.

A rise in judicial intellect (1)

xednieht (1117791) | about 5 years ago | (#29690933)

Kudos to the high court.

Chop sticks can feed people, or be poked in people's eyes. Chop sticks don't violate laws, people violate laws. Technology is neutral.

The arrest may be good in the long run (2, Interesting)

mahsah (1340539) | about 5 years ago | (#29695019)

Since it fostered a community of covert P2P in Japan. Winny's successor, Share, and its successor, Perfect Dark, are both programs that use Freenet-like encryption and ensure anonymity of the user. IIRC the dev only posts new versions on Freenet and Share to begin with.

While the encryption isn't perfect, it is much more secure than torrents; with Share or Perfect Dark you can't even reliably tell who uploaded or downloaded what and when.

So Winny finally gets patched? (0)

Anonymous Coward | about 5 years ago | (#29715487)

Since he's basically free and clear, Kaneko could do the bug patching necessary to staunch the viruses that ran rampant on the Winny network and forced many users to migrate to Share and Perfect Dark.

Since he would be fixing known bugs that reduce computer security, they would have a hard time pining copyright violations again on him, provided there are some double jeopardy conviction protections.

I also wonder if there would be any motivation to opensource the code now...

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