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

A few hours ago Japan introduced new anti-piracy legislation designed to clamp down on illegal file-sharing. The regime is one of the most draconian in the world. In most countries users are only targeted when they upload copyright-infringing material to other Internet users, but the new law?s wording means that simply downloading unauthorized material could result in a jail sentence.

According to the Recording Industry Association of Japan and their IFPI affiliates, the Japanese music industry is in trouble. Unauthorized downloads eclipse those from official source by 10 to 1, and the market for downloads shrank by 16% last year.

This decline needs to combated, they insist.

After intensive lobbying by the music industry, in June this year Japan approved an amendment to its Copyright Law that would see downloaders of unauthorized music face stiff criminal penalties in addition to the civil remedies already in place.

The wording here is important. While in some countries downloading copyrighted media without permission is already illegal, it is usually the uploaders (distributors) of content that are targeted in so-called ?3 strikes? style campaigns.

While Japan already has the legislative muscle to hit uploaders with up to 10 years in prison and a 10 million yen ($128,300) fine, this new legislation makes criminals of mere downloaders.

From today, knowingly downloading copyright infringing material can result in a two-year jail sentence or a fine of 2 million yen ($25,680). But there could be complications.

Tracking uploaders of infringing material is a fairly simple affair, with rightsholders connecting to file-sharers making available illicit content and logging evidence. However, proving that someone has downloaded content illegally presents a whole new set of issues.

On BitTorrent, for example, rightsholders would have to be the ones actually sending the infringing material to a file-sharer in order to know that he or she is downloading it. This scenario could cause complications, since rightholders already have permission to upload their own content, making the source a legal one.

But for the implications for ?downloaders? could be even more widespread. The generally tech-savvy BitTorrent user understands the potential for being targeted for sharing, but by making mere downloading a criminal offense it is now feared that those who simply view an infringing YouTube video could also be subjected to sanctions.

For some rightsholders though, even this kind of draconian regime isn?t enough. 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.

But to do that they need to be able to spy on Internet users? connections and compare data being transferred with digital fingerprints held in an external database. That can only be achieved with the assistance of Internet service providers who would be asked to integrate the system deeply into their networks.


http://torrentfreak.com/anti-downloa...-today-121001/

I applaud this

A bit draconian, still if the uploader is outside Japan and the downloader is inside. Fine.

More laws will follow, piracy is costing far too much to be left alone.

Draconian?... not more than stealing.

It is going to be hard to get these freeloaders to convert to pay customers unless more all you can eat music stores open up.

I concur. No different than walking out of a store without paying. EVERYONE knows they are getting something for free that they should be paying for.

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I can't help but laugh at dinosaurs who think legislation will ever affect piracy.

We're long overdue for an asteroid.

It's a good day for VPN-providers.

uploaders are the sellers
downloaders are the buyers

buyers are creating the demand.
i dont see how they can be claimed as "mere" downloaders. the downloaders are the MAIN source of copyright infringment by USING the stolen content, and thus not paying for it.

the downloaders are the actual USERS of the illegal content, so why the fuck shouldn't they be prosecuted?

I think illegal downloading should be treated more like shoplifting. Stealing is stealing. Steal one tube of lipstick you get a fine. Steal one song and you get a fine. $500 is fine.

Steal a dozen boxes of lipstick and you go to prison. Steal 200 songs and you also go to prison.

dvtimes has herpes

good news for all

well except the thieves here

should be illegal to inflate prices over 200% as well.

Huh? ...... If you don't like what something costs do without it or produce something cheaper.

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This is GREAT News. Stealing should not be an option just because you do not like the price.
Theft downloaders are just parasites.

:1orglaugh

I love idiots pretending they've never downloaded an mp3 in their lives.

How much did you pay Sanrio to use that avatar?

How much did you pay Seth Casteel to use that avatar?

How much did you pay 20th Century Fox to use 'hypnotoad' in your sig?

don't play dumb :)

I haven't, itunes only.

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Dumb? Dumb would be trying to figure out what a manufactures actual cost on a product is? But I think I get your point.

.

please explain further?

IMO When this news is made public people will shit themselves. Thus lower demand which affects the supply.

You fail. That's a free use and download for free image to promote a new movie coming out in 3D. Sanrio is not selling it anywhere. Big diff, dimmie.

Great news, Let's hope others follow :)

im not going to go into it.

I'm not pretending, I never have and never would.

ok here's a cookie

http://www.melskitchencafe.com/wp-co...ed-corners.jpg

:2 cents:

Should be that easy.

They should do away with unsecured wifi and home owners / renters should be held responsible for whatever happens in their home.

I'm gonna assume what you mean here is that, no, they did not give you permission to use their property as an avatar on an adult forum.

Yes, I'm sure it's always different when you're the one using other people's shit without permission.

What if....... I play a video on youtube and then copy the locally cached file out of the temporary internet folder and watch it again later? Did I just steal it?

yes :1orglaugh :1orglaugh

Bummer. I do that as a matter of course because the playback quality is about 1,000,000 times better. Sorry, Japan.. I didn't mean nothin' by it.

:1orglaugh:1orglaugh really?

I do that all the time for a quality user experience that I can't get from streaming. It's better to use a third party local program like media player classic to watch flash movies. One player or the other, it's being downloaded to your machine. Might as well watch it with a quality player.

download to become the oyabun

If by 'shit yourself' you mean 'use a VPN' then I agree!

So, you are a professional landlord, letting to students, and you have 10 houses, with 5 students in each.

You think it's OK to put that landlord in prison because one or more of his tenants stole an mp3?

How about putting Grandma in prison because her grandson came and visited every weekend and may have stolen an mp3?

If it is possible to prove beyond reasonable doubt, as with all other crimes, that someone did something wrong, sure, through the book at them. But, you can't prove that. This is the issue.

Did anyone say they were going to put anyone in prison based only on the IP address?

Now it's elevated to a crime, they get a search warrant, take the computers, check the logs and drives. Then proceed. Great move and glad you agree now.

Grandmas who download rap music beware. :1orglaugh

It sure leads police to where the crime took place though doesn't it?

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Where do they say anything about getting a search warrant and getting forensic teams to comb hard drives? Unlikely a culture that understand technology would suggest such a ridiculous idea...I presume you're just talking out of your arse on this?

Indeed in Japan this poor lady would be in prison.

http://www.globalreports.com/?article=60

Glad we agree.

Explain to me please what this mp3 thing is?!

http://farm4.staticflickr.com/3425/3...7bc4e01279.jpg

Some kind of audio doohickey that nobody has been downloading since 1997.

After reading Japanese news and talking to some friends here in Japan. Not that anyone cares. But here is how it may pan out.

New law is not intended to catch everyone. Keep in mind, record companies have a lot of power n Japan. Even more than in US. They regularly force ISP's to give up the goods on users. If the ISP data matches the record labels data, they get a warrant. They claim to have the ability to pinpoint.

So if they can show reasonable belief you are downloading, Police come and knock and then confiscate every computer and mobile device at the address. If they find nothing, you get everything back, no issue. If they find downloads you can be arrested.

Now keep in mind, in Japan,the moment the police come you are labeled a potential criminal. Your photos go up, name goes out and even neighborhood general address can be revealed. Unless you are a bunch of scumbags and don't care about being seriously isolated by everyone you now, your entire family will move far far away.

What makes Japan unique is that this is a huge problem for whole family. You may lose your job, family is disgraced, lives are shattered. What Japanese pols are speculating on is that 90% of the population just won't take the chance.

Apparently p2p has seen radical drops in usage recently.

They'll bust a few radicals or dimwits and make them examples for the rest. It generally works, over past 2-3000 years.

Just sayin.

good news for all

Nice avatar haha

This in going to get very interesting, very fast.

yep you cant arrest them all because who's going to pay your taxes and keep your economy flowing? its fear a tactic. like dont drink and drive we're watching you

Its collective thought at its best / worst. There is no comparison in western world.
We are the land of individuals right?:1orglaugh:1orglaugh

Japanese tend not to share for profit like westerners do. Its free share. Its not that big a deal to stop, for them.

The law is still nebulous about streaming.

Yes, there has never been a popular free file sharing system in the West.

I was hanging at Ikebukuro Cyber in Tokyo watching a punk band one evening. After the set, they gave away sample CDs of their music to the crowd for free. Whole different approach to sharing. Everybody had a great time.:2 cents:

Ikebukuro Cyber.

It's pretty common nowadays, lots of bands are giving away CDs for free, bands are promoting on Pirate Bay, bands are putting up their entire new release to listen to on their website, etc etc.