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Anti-Downloading Law Hits Japan, Up To 2 Years in Prison From Today

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Razek

Banned
That is highly subjective. Are you certain Hasbro/D-A/whoever is happy you are misappropriating their indigo equine imagery? What if the content of your posts is very displeasing to them? Maybe you are using their popular horse image to push a personal agenda.

Haha, thanks that brightened up my day :)
 

Maxim726X

Member
Does anyone realize the implications of throwing everyone who downloads an MP3 in prison?

It's not feasible... If you're Kim.com maybe it's worth it, but not your average 14 year old rocking out to Beiber.
 

I see.. it's still against the law.. you are violating copyright law.

In layman's terms I'll still call it a crime no matter how many condescending responses I get.

Seriously, could you not have just said "It's not criminal infringement unless you meet these criteria" instead of your condescending response?

Either way.. as far as I'm concerned "illegal downloading" is a criminal activity.. I'll say that even if Federal Law doesn't consider it "criminal infringement."
 

gatti-man

Member
Anyone else find it super ironic this user has been accused of illegally downloading porn before and was asked to cough up a lot of money?

http://www.neogaf.com/forum/showthread.php?t=470030&page=4

Imagine the same thing happened to you as a Japanese citizen, because they're so draconian they DO take you to court. Furthermore the Japanese conviction rate is absurdly high so I'm not sure a lack of actual evidence will clear you.

Not to mention the precedent this legislation and the proposed technology of filtering out illegal content before it hits the net set for oppressive governments.

Yup I fought it and won. I don't pirate, period. If you are guilty of piracy face the sentence. I seriously doubt Japan is just going to randomly throw Internet users in jail.


Does anyone realize the implications of throwing everyone who downloads an MP3 in prison?

It's not feasible... If you're Kim.com maybe it's worth it, but not your average 14 year old rocking out to Beiber.
It's only rampant because there isn't any real penalty. When people start getting thrown in jail it will slow down. Either that or this will continue until the Internet we all enjoy isn't free anymore and everything is legislated. Pirates could very well ruin the Internet.
 
I can see this being enforced on torrents, but how would they track downloads from filehosting sites etc.?

Actually, the way torrents work every user can be targeted because obviously everyone is also uploading, if only a small part. So here the only change would be, that you can charge people additionally with the download offense.

But it seems there was a big shift towards filehosting sites.
The ones with servers within countries that can be charged will remove copyprotected files (to avoid a megaupload situation) - after lots of people already downloaded them, the ones in countries that don't, don't. Then you have hub sites that just link to the various filehosts.

I don't see at which point it's possible to track the actual downloaders.
Even after taking down a filehost for whatever reason, they only have to save the IP addresses for x days.

Maybe by having a deal with the internet providers to screen for users that access(ed) the file links?
 

gatti-man

Member
I can see this being enforced on torrents, but how would they track downloads from filehosting sites etc.?

Actually, the way torrents work every user can be targeted because obviously everyone is also uploading, if only a small part. So here the only change would be, that you can charge people additionally with the download offense.

But it seems there was a big shift towards filehosting sites.
The ones with servers within countries that can be charged will remove copyprotected files (to avoid a megaupload situation) - after lots of people already downloaded them, the ones in countries that don't, don't. Then you have hub sites that just link to the various filehosts.

I don't see at which point it's possible to track the actual downloaders.
Even after taking down a filehost for whatever reason, they only have to save the IP addresses for x days.

Maybe by having a deal with the internet providers to screen for users that access(ed) the file links?
Countries will start blocking other countries that don't uphold Internet copyright laws. It will end up chopping up and censoring the Internet. It's where we are headed if this crap doesn't stop and attitudes don't change.
 
It's only rampant because there isn't any real penalty. When people start getting thrown in jail it will slow down. Either that or this will continue until the Internet we all enjoy isn't free anymore and everything is legislated. Pirates could very well ruin the Internet.

Well people already get annoyed at me when I complain about them copy-pasting news articles. Now I wonder how they'll feel when they get thrown in jail!
 

Branduil

Member
I seriously doubt Japan is just going to randomly throw Internet users in jail.

But that's literally what the law calls for.

It's only rampant because there isn't any real penalty. When people start getting thrown in jail it will slow down. Either that or this will continue until the Internet we all enjoy isn't free anymore and everything is legislated. Pirates could very well ruin the Internet.

Why is it pirates' fault that governments pass tyrannical laws?
 
D

Deleted member 13876

Unconfirmed Member
Yup I fought it and won. I don't pirate, period. If you are guilty of piracy face the sentence. I seriously doubt Japan is just going to randomly throw Internet users in jail.

All nice in theory, but it sounds it would be extremely easy to frame people. Have a falling out with your girlfriend, sloppily download the latest J-Pop albums on her PC or even redistribute them on some Japanese site. People don't even have to have ties to you to screw you over. People hack into wireless networks, secured and unsecured alike and can download whatever they want on your connection without you being any wiser.
 

gatti-man

Member
But that's literally what the law calls for.



Why is it pirates' fault that governments pass tyrannical laws?

When you commit a crime there should be accountability and punishment. Don't like the fine/time then how about don't pirate?


All nice in theory, but it sounds it would be extremely easy to frame people. Have a falling out with your girlfriend, sloppily download the latest J-Pop albums on her PC or even redistribute them on some Japanese site. People don't even have to have ties to you to screw you over. People hack into wireless networks, secured and unsecured alike and can download whatever they want on your connection without you being any wiser.
Oh come on now. Ok how about I steal someone's credit card number and buy something on her wireless and ship it to her house! I mean evil genius arguments don't seem valid to me.
 

Branduil

Member
All nice in theory, but it sounds it would be extremely easy to frame people. Have a falling out with your girlfriend, sloppily download the latest J-Pop albums on her PC or even redistribute them on some Japanese site. People don't even have to have ties to you to screw you over. People hack into wireless networks, secured and unsecured alike and can download whatever they want on your connection without you being any wiser.

Someone emails you an mp3. You are now guilty of piracy.

When you commit a crime there should be accountability and punishment. Don't like the fine/time then how about don't pirate?

Why should watching a youtube video be a crime?
 

pestul

Member
I can see this being enforced on torrents, but how would they track downloads from filehosting sites etc.?

Actually, the way torrents work every user can be targeted because obviously everyone is also uploading, if only a small part. So here the only change would be, that you can charge people additionally with the download offense.

But it seems there was a big shift towards filehosting sites.
The ones with servers within countries that can be charged will remove copyprotected files (to avoid a megaupload situation) - after lots of people already downloaded them, the ones in countries that don't, don't. Then you have hub sites that just link to the various filehosts.

I don't see at which point it's possible to track the actual downloaders.
Even after taking down a filehost for whatever reason, they only have to save the IP addresses for x days.

Maybe by having a deal with the internet providers to screen for users that access(ed) the file links?

Yeah, there could be some entrapment scenarios for direct download sites. You brought up a good point about the ISPs though. They are really not equip to deal with the amount of piracy that happens (neither are law enforcement). I'm really not sure where the Internet can go moving forward to sway mindsets away from piracy. The best option right now seems to be cheaper services such as netflix and steam sales.

They have to stay ahead of the curve and give people more options for a reasonable price. They also have to offer content in at least as high quality streaming/downloadable as what pirated content is. It's a big problem for media distribution that the pirated version is often the highest quality one can obtain online
 

Branduil

Member
I also would like to hear gatti-man explain why removing the copy protection on a disc you own is worthy of jail time.

http://www.wired.com/gamelife/2012/06/japan-downloading-law/

While the anti-download measure is an enhancement of existing prohibitions, a ban on copying or ripping discs to a hard drive would be brand new for Japan. The proposed would outlaw any software program or device that allowed users to circumvent encoded copyright protection on the disc, as well as the act of copying of said disc.
 
Countries will start blocking other countries that don't uphold Internet copyright laws. It will end up chopping up and censoring the Internet. It's where we are headed if this crap doesn't stop and attitudes don't change.

That could be a scenario.

However, the entitlement / I want everything for free attitude is just one part.
A lot of traffic stems from the fact that not every piece of media is available for sell online - for every country (at the same time).
But at least this can be fixed by companies.
 

-COOLIO-

The Everyman
This is to protect the music industry? If your music is on YouTube or the radio you can get a decent enough rip of it and I don't even think that's illegal as long as you don't distribute it. Correct me if I'm wrong. Piraters may be more reluctant to download HQ albums but that's about all this would solve. And 2 years for what is moooostly a victimless crime is pretty crazy. It'd be nice if the law only targeted the pirating of products belonging to small companies rather than billion dollar ones.
 
D

Deleted member 13876

Unconfirmed Member
When you commit a crime there should be accountability and punishment. Don't like the fine/time then how about don't pirate?



Oh come on now. Ok how about I steal someone's credit card number and buy something on her wireless and ship it to her house! I mean evil genius arguments don't seem valid to me.

That's an entirely different scenario and a nonsensical one at that. People hacking wireless connections does happen fairly often, and yes they use it to download content to get around download caps from their ISP. If they prosecute someone because they found the IP to be downloading or uploading content in a torrent then yes there is an absolutely good chance that person would be served. I don't know why the fuck you're even discounting the possibility when a similar thing happened to you. It doesn't make any sense. Good for you that you were able to fend it off, but not everyone will be able to and plenty of people are currently being extorted by the bullshit tactics you yourself faced.

1148_1253230725640.jpg


Someone emails you an mp3. You are now guilty of piracy.

Don't like the time/fine? Don't have an email address.
 

sprsk

force push the doodoo rock
Anti-piracy holier-than-thou brigade, please exit stage left and find another thread to preach in.

This law is fucking stuuuuuuuuuuupid.

Not only does it immediately turn a generation of Japanese kids into criminals, it's just an awful and poor written law all around. Mostly because it was bought and paid for by JASRAC.

For those who are not familiar:

Japan does not have any real good digital distribution solution for anything. We have itunes but its mostly western music, and pretty much no options for movies/TV. We have Hulu, but its a total shell of what the American service is. It's pathetic.

All this law is is another reactionary, protectionary move by the old farts still making shit tons off of everyone else's creativity to stop digital expansion so they can still sell Japanese CD's and DVD's (that's right, not blu-rays!) at 50-100 dollars a pop. Essentially this law is a law to protect JASRAC's monopoly on copyrighted media.


Not to mention the law makes no fucking sense.

Example: It is totally legal now to download a TV show after it airs, as long as it isn't on sale somewhere in Japan. But once it goes on sale, you can get arrested for downloading.

Meanwhile, downloading child porn is totally legal here (outside of Kyoto).

For those wondering about what will happen to Japanese media outside of Japan: China.
 

-COOLIO-

The Everyman
Anti-piracy holier-than-thou brigade, please exit stage left and find another thread to preach in.

This law is fucking stuuuuuuuuuuupid.

Not only does it immediately turn a generation of Japanese kids into criminals, it's just an awful and poor written law all around. Mostly because it was bought and paid for by JASRAC.

For those who are not familiar:

Japan does not have any real good digital distribution solution for anything. We have itunes but its mostly western music, and pretty much no options for movies/TV. We have Hulu, but its a total shell of what the American service is. It's pathetic.

All this law is is another reactionary, protectionary move by the old farts still making shit tons off of everyone else's creativity to stop digital expansion so they can still sell Japanese CD's and DVD's (that's right, not blu-rays!) at 50-100 dollars a pop. Essentially this law is a law to protect JASRAC's monopoly on copyrighted media.


Not to mention the law makes no fucking sense.

Example: It is totally legal now to download a TV show after it airs, as long as it isn't on sale somewhere in Japan. But once it goes on sale, you can get arrested for downloading.

Meanwhile, downloading child porn is totally legal here (outside of Kyoto).
Is downloading child porn actually legal in japan? I don't wanna enter child porn into Google to verify that.
 

Angry Fork

Member
Price shit ridiculously high. Offer no alternatives.

If people can't afford it and pirate, take away 2 years of their life.

Music now a people with money only commodity.

They should just skip the formalities and charge $50 for toilet paper and toothbrushes if you want to make life more miserable for normal people. They're both unnecessary luxuries too, no sympathy if people can't afford them.
 
What a strange law as it seems like ripping a cd that you legitimately own and then emailing a specific track to a friend makes you out to be a criminal.

But man, it's the prices of these goods that need to be dealt with. When a CD itself cost nearly as much as a game, you're not really doing anyone a favor.

My other gripe is how digital distribution is so broken over there. I occasionally buy tracks of itunes with my JP account but if the artist is with Sony? Pffffttt, I'm forced to buy a singles CD off Amazon Japan for a ridiculous amount of money because I can't buy it digitally from one place like itunes.
 

Fusebox

Banned
As reported in June, music rights groups including the Recording Industry Association of Japan say they have developed a system capable of automatically detecting unauthorized music uploads before they even hit the Internet.

Amazing. Thought-crime detection system?
 
D

Deleted member 13876

Unconfirmed Member
Not to mention this is a corporation policing (and potentially spying on) the populace.

It's outrageous.

Another evil genius theory! If you are an honest citizen this only serves to protect you!
 
sprsk is there any more info on how this will affect Youtube?

In this article back in June, the lawyer who defended the Winny developers said that Youtube and NicoDouga would be covered under the law since they download while streaming.

http://www.itmedia.co.jp/news/articles/1206/20/news015.html

Which means that you could do 2 years in jail for looking at the wrong thing on Youtube.

Was there ever any more definitive info on this? As a huge Youtube user this is terrifying.
 

RedSwirl

Junior Member
Crunchyroll is probably the biggest anime streaming site, but they used to deal exclusively in fansubs (piracy). The used the views from that to leverage their position and get legitimate content. Was that wrong? Should the people who ran and contributed to the site have been sent to jail?

On a related note, would iTunes and other legal music services have pushed forward as soon as they did if it wasn't for Napster?

In cases like Crunchyroll, pirates have typically been the first ones to pioneer into the era of digital distribution, offering distribution methods often more convenient and efficient than legal purchases. Not even taking price into consideration, for a lot of people around the world piracy often becomes the easiest and sometimes only way to gain access to content.

I'm not condoning piracy, I'm saying that the best way to fight it isn't to throw people in jail, but probably to distribute content in a way more convenient than and superior to piracy. Crunchyroll's stated policy has been to treat sub groups and file sharers as business competition. I think it's even been proven that Netflix has had an effect on piracy.

Anti-piracy holier-than-thou brigade, please exit stage left and find another thread to preach in.

This law is fucking stuuuuuuuuuuupid.

Not only does it immediately turn a generation of Japanese kids into criminals, it's just an awful and poor written law all around. Mostly because it was bought and paid for by JASRAC.

For those who are not familiar:

Japan does not have any real good digital distribution solution for anything. We have itunes but its mostly western music, and pretty much no options for movies/TV. We have Hulu, but its a total shell of what the American service is. It's pathetic.

This is exactly what I've been curious about. I know they've been stuck in the past when it comes to manga distribution, but I didn't know if the same was true for music, movies, etc. I know the Japanese PlayStation Store kicks the shit out of the American and European ones right now.
 

Trojita

Rapid Response Threadmaker
Friend showed me this and it seems like something this forum may be interested in discussing. Unsure on how credible all this is but this news sounds legit. I've heard Japan is fighting piracy with very strict legislation. Their music industry is huge and still managing to thrive from retail sales. Piracy poses a great threat to it.

Anybody have any insight as to why they are passing such strict laws?

Their music industry has to be good if they have people going out and buying 100 AKB48 CD's.
 
Now that the JASRAC has a huge foothold in internet law in Japan the sky is the limit for how much more they can take away from users.

Judging by how well the anti nuclear protests have gone (not much sadly) I'm going to assume the people in Japan who are vocal about this most recent law will be ignored as well. I wonder when the first person punished under this new law will be ferreted out for the national news to parade the success of this new law...

Well so much for keeping up with this fall season's TV shows. I am not sure I want to rish imprisonment to keep up with NeoGaf and my friends back home in discussion groups. :(
 
D

Deleted member 17706

Unconfirmed Member
Now that the JASRAC has a huge foothold in internet law in Japan the sky is the limit for how much more they can take away from users.

Judging by how well the anti nuclear protests have gone (not much sadly) I'm going to assume the people in Japan who are vocal about this most recent law will be ignored as well. I wonder when the first person punished under this new law will be ferreted out for the national news to parade the success of this new law...

Well so much for keeping up with this fall season's TV shows. I am not sure I want to rish imprisonment to keep up with NeoGaf and my friends back home in discussion groups. :(

If you live there, why not record off of TV?
 
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