I asked an adviser lawyer about the influence on the future trial etc. regarding the transfer of "2channel"
Early in the New Year, 2 Channels Hiroyuki (Hiroyuki NishimuraFromTransfer completed to Singapore's company "PACKET MONSTER INC."Although it was done, I asked a consult attorney at GIGAZINE editorial department several questions about this subject.
From now on, what sort of steps will you follow if you write something on 2 chances and make a trial against the administrator? Which country is the applicable law? What is the risk of being arrested?
Details about that are from the following.
■ Question 1: What sort of steps will be taken in the future when you write something on 2channels and make a trial against the management side?
Until now I was sending a complaint to Mr. Hiroyuki Nishimura who is a manager, but will it be useless if it is not "PACKET MONSTER INC." In the future, Mr. Hiroyuki Nishimura Since it is still the same, I wonder whether it is OK to address Mr. Hiroyuki Nishimura again.
First of all, in the case of bringing a trial to the administrator side (= compensation for damages due to illegal acts such as defamation or assuming civil trials such as apologies apology), usually the administrator is a foreign corporation "PACKET MONSTER INC. "Therefore, it seems that it is necessary to file a lawsuit against the same corporation (that is, with the same corporation as the defendant).
In this case, whether it can be filed in a Japanese court or not (since the original ordinary jurisdiction is the address of the defendant), this will be possible.
Even from Article 4, paragraph 5 of the Lawsuit Law, there is jurisdiction in Japan.
And, as a delivery place of a specific complaint, according to Article 4, paragraph 5 of the Civil Procedure Code, it is said to be "the principal office or business office in Japan" of said foreign corporation.
If there are no offices or sales offices in Japan, it means "the address of the representative in Japan or the principal business staff."
Therefore, if it can be said that Mr. Hiroyuki Nishimura falls under this "representative in Japan or main person in charge of business", it will be possible to deliver the complaint with the address of the same as the address location of the defendant.
However, in the above, the defendant is to be a corporation "PACKET MONSTER INC." If you do make a theory of lawsuit by arguing that the actor who conducts the illegal act is an individual named Mr. Hiroyuki Nishimura With the above corporation or with Mr. Hiroyuki Nishimura alone as a defendant, you can also send a complaint to a Japanese address person Hiroyuki Nishimura as a damages claim due to illegal acts.
■ Question 2: Regarding applicable law
Currently, Japanese law is applied, but because the administrator is supposed to exist in Singapore formally, will Japanese law no longer apply, will Singaporean law apply? Or is it that both Japanese law and Singapore law apply?
Since the place of illegal act is Japan (in case of damage in Japan, apart from the trial, where the act was performed, the place where the damage occurred is also regarded as "illegal place"), so Singapore Not only the law of Japan but also the Japanese law will be applied.
■ Question 3: About the risk of being arrested
2 chan is a server in the United States and the administrator (the final director) formally becomes a corporation in Singapore, but police, prosecutors, etc. are responsible for the responsibility of the contents written in 2channel by this, Hiroyuki Nishimura Is there no reason to arrest Mr.?
This is a difficult problem with more issues (including fact finding problems) than Question 1 and Question 2. However, even if the server is in the US and the management entity is in Singapore, practically Hiroyuki Nishimura If the fact that Mr. is the subject of the execution act can be confirmed, even if the place where the criminal act was done is foreign, as a foreign crime of the Japanese citizens, Article 3 12 of the criminal law (libel ), You can punish Mr. Hiroyuki Nishimura in Japan, and if it is possible to construct the fact that libel defamation (and related assistance, etc.) occurs in Japan in the first place, the actor Even foreigners, even Ms. Hiroyuki Nishimura of Japan, can punish in Japan.