Osaka High Court, not acquiring a developer of file sharing software "Winny"

In court over copyright infringement by file sharing software "Winny" published in 2002, Yuyuki Kaneko was questioned by former University of Tokyo assistant for "47 Mr." of developers for crimes against copyright law However, the Osaka High Court sentenced innocence. In the December 2006 Kyoto District Court judgment, "It was judged that continuing to disclose Winny knowing that it is being used for copyright infringement is helping copyright infringement"A fine of 1.5 million yen was convicted.However, this is the form in which it was destroyed.

Details are as below.
Innocent on innovation to Winnie developers Osaka High Court, the first trial is fine 1.5 million yen - 47 NEWS (Yoana News)

"Winny" has arrested the content of manga magazines acquired before the release date and the animation which was just broadcast, and several people have been arrested and infected with viruses on which files are distributed without permission, Incidents such as leaks of police and school materials also occurred.

Kaneko said before the judgment that "1 judgment decision does not clearly indicate what is illegal, and developers will atrophy as it is and I want the high court to show convincing standards" "We tried to influence many engineers, I think that it was understood by the high court that I was not doing anything wrong."

Winnie developer interview "convincing standards" ... 2 Before the judgment decision: Society: YOMIURI ONLINE (Yomiuri Shimbun)

1 After the decision of the trial, the defense side insisted not to be innocent as "the scope of application for assistance guilty is too wide" and the prosecution side appealed as "the fine is too light", but the claim of the defense side completely It became a contained shape.

14:18 postscript
The summary of the judgment is as follows. As for Winny, "Technology is not specialized for copyright infringement" "There is usefulness to efficiently enable it while keeping the secret of communication of various information exchange, and it is also used for copyright infringement It is a value-neutral software to get ", and also about Hu helping crime," What proportion of usage situation leads to the establishment of a helper and the subjective intention needs to be disclosed on the net I do not understand the criteria of something ", he stated that the criteria of the first instance judgment are not considerable.

【Reference】 Winnie Trials · Judgment Summary - 47 Topics