All services that store data on the net are illegal for copyright infringement

Online storage service, easy to say, Yahoo! Operated byYahoo! Briefcase"Or JustSystems operated"Internet disc"Or KDDI operated"Secure shareOther than that, "File bank"Or NTT East's"Flet's dot netAlso Apple's ".MacMomomoku collectively "Illegal with copyright infringementThat's right. Even if it can not be shared by an unspecified number, it is illegal if only one specific user can use it.

I can not speak anymore, but the Tokyo District Court (Makiko TakabeThe presiding judge) did not allow downloading to such unspecified majority on May 25, 2007, but against the storage service of music data for mobile phones "MYUTA" which can only be stored by certain users and can not be downloaded It showed the decision to cope with infringement. It seems necessary to license the music work.

In other words, it is that operators of online storage services and similar services must apply JASRAC for permission to use the music work and pay for the file to save the fee. Moreover, if you read the contents of the judgment carefully, this is not limited to music copyright in particular, it seems to be a judgment against everything about copyright. I have a premonition that how many services will be closed from the beginning of the week will be outrageous.

The incredible details are as follows. The Internet in Japan may not really be genuine.

Music storage service: Copyright use infringement Tokyo District Court - Today's topic: MSN Everyday Interactive
http://www.mainichi-msn.co.jp/today/news/20070526k0000m040090000c.html(WebArchive)

The painful news (No ∀ `): JASRAC, the winning case ..." Storage "service which can store music data on the Internet," copyright infringement "judgment
http://blog.livedoor.jp/dqnplus/archives/979503.html(WebArchive)

Book worm: Thanks to Mr. Takabe Makiko, network storage became illegal in Japan
http://cpplover.blogspot.jp/2007/05/blog-post_26.html

Release from JASRAC has also come out.

Storage service of music data for mobile phone
Judgment that license use of music work is necessary
- The Tokyo District Court dismissed the request of "MYUTA" operating company -

The judgment of this time clearly shows that responsibility as a user of the copyrighted material will be extended to the service provider concerning the service of providing a system for uploading the copyrighted work to the user and it will be highly appreciated .

If you know that the file to be uploaded is a work from the beginning, there is a countermeasure, but as for the service which mainly focuses on saving the file online it is all over, is not it?

Regarding this ruling, various criticisms have also come out on the net.

Side effects are too large Storage service illegal judgment - Kiyohara Kiyoshi's technology review Ver 2 [ITmedia Alternative · Blog]

In short, "If you upload your own copyrighted work without permission to the storage service solely for your own use, it is a copyright infringement."

Aside from the theory of interpretation theory, I think that this is a very unfavorable judgment from the viewpoint of realistic validity. In this ruling, since it is a music work or a CD, it seems that it is not a storage service, so the impact is wide.

In other words, there is a great possibility of out other than music files. Or if the person who uploaded is making it, and it also has no copyright, it is out. How do I check it? It can not be confirmed by visual inspection, this.

In addition, the following blog explains the reasoning "karaoke theory" which seems to have been applied in this case trial in a fairly detailed way. Even in quibble, if you accumulate achievements, it means that it will follow as a reason. It seems that this conclusion was drawn by expanding interpretation of "karaoke principle".

Nagaro: Why storage usage is copyright infringement

The storage service that is commonly used on the Internet is copyright legally black.
Actually, there are criticisms to expand application of karaoke principle, but considerable number of court cases are accumulated, so I think that it is difficult for Image City to overturn this judgment.

However, as a point which is decisively different from karaoke, there is a point that "users deposit it for the purpose of depositing".

Since the judgment of this time is civil, it does not have such a thing saying that the detective does not matter. This point is pointed out in the following article at the September 2006 stage.

Benli: "Opinions on the Legal System Subcommittee Report (draft)" on Sep. 2006

Today, opportunities to use online storage services provided by external contractors are increasing as a means for each individual and company to store data. In the online storage service for individuals and small companies, from the viewpoint of cost, it is usual to take the form of sharing one server computer by many users. Then, when capturing an online storage server as a copying machine = a public automatic device scheduled to be used by the public (= a large number of people), using this online storage service, it is possible to back up e-mails, It is prohibited to back up mp3 files etc. created by ripping and business operators who continue to provide online storage services knowing that they are also used for such uses are sanctioned by criminal punishment It can also be logical to receive.

In short, it is clearly apparent that existing copyright laws and various other legal matters have not caught up with the reality, especially about the Internet.

Together with recent movements, the following delusions are no longer a laugh.

Novtan annex - let's summarize the trend of the restriction of the free use of the Internet soon

In the first place there is no freedom to disseminate information to amateurs. Only people who have commercial publication or vocational reporters can send out
There is no such thing as using a server for personal use. It is decided to use it for bad things
Because the Internet is sent to the whole world, copyright infringement act calls for damages for the entire world population
Arriving by considering the use of the line over allocated as an act of attacking the infrastructure
Chat is prohibited because it is a hotbed of slander
Since bulletin boards are also hotbeds of slander slander, they can not be opened individually
The government monitors the mail
The government also monitors traffic
Music collects usage fee for each listening
We also charge usage fee for each sentence accessing the page

"If Google obeys Japanese law, Google certainly illegal - GIGAZINEThe three proposals shown in "The Provider Limitation on Limitation of Liability Applicable to Criminal Law", "The System to Take Internet Users' Opinions to the Diet", and "Humans without knowledge of the Net are placed in the legal profession It may seem to be overreaction at first sight, but in view of this case, is not it an emergency situation that we can not afford to leave as it is ... ?.