Toshiba Employee Arrested For Selling Software To Break Copy Limits 90
JoshuaInNippon writes "A Toshiba employee in western Japan has been arrested on charges of copyright violations for selling software online that breaks copying limits on certain Japanese digital TV recording and playback devices. The software specifically overrides limits on a program called 'dubbing10,' which is used in devices sold by companies such as Sony, Sharp, and Panasonic. It is believed that the man generated thousands of dollars worth of earnings for himself by selling to at least 712 people, including one teenager who then resold the software to another 240 people. This is the first disclosed case in Japan of someone being arrested for selling such limit-removal software for digital TV recording. Since it sounds like he has already admitted to selling it (although he denies creating it), and due to the generally high conviction rate of those arrested by Japanese police, his future does not look so bright at the moment."
Japanese police (Score:4, Informative)
Japanese police have such high conviction rates because,
1. they do not follow western style of interrogation.
http://www.debito.org/policeinterrogations.html
There is no Miranda laws, lawyers, etc.
2. In Japan, if police charges you with something, the society believes that you must have done something. The Japanese culture is closer to "prove your innocence" than "prove your guilt".
3. The Japanese police historically does not bring up charges for people that they don't have evidence for. This results #2.
Re:What crime has he committed? (Score:4, Informative)
My best bet would be facilitating in copyright infringement (though I have zero knowledge of japanese law of any form). The fact that he didn't make the software really doesn't seem relevant. There's nothing inherently illegal about creating that software as long as it doesn't get out. I could tinker around making all sorts of software (well, if I knew how to code) that when used would be illegal just to see if I was capable of making the code without any repercussions.
In a probably flawed analogy, simply because you didn't cook the coke doesn't mean you won't get arrested for selling it.
I think Japan participates in ACTA (Score:3, Informative)
If Japan participates in ACTA and other international treaties then this could be a circumvention of encryption controls type of crime which would incur greater penalty than larceny or simple theft.
To the Law outside is there a difference of kind to manufacture lock picks vs to sell them vs being actually caught picking locks vs being searched and having one found on your person?
Re:Japanese police (Score:1, Informative)
You should go on if you intend to add any substance to you previous post.
All you pointed out is that "Miranda" rights are not called the same in other countries, e.g. Canada and most of Europe, wrongly implying that no similar concept exists there. Have a look at Miranda warning: Equivalent rights in other countries [wikipedia.org] if you feel like educating yourself.
Re:Japanese police (Score:3, Informative)
Canada has the Charter of Rights and Freedoms, which gives anyone who is arrested a set of rights very similar to the US Miranda rights.
Re:Argument (Score:3, Informative)
Here ya go :-) http://www.exit1.org/dvdrip/ [exit1.org]
Fixes the "Region Lock" problem.
I have over 100 legally owned DVD's all backed up as ISO's on my personal hard drive just in case... I'm very bad for crushing crap, and my dog is bad for chewing on shiny things...
Re:Well (Score:2, Informative)
It's not all bad. At least according to wiki, Japan has one of the lowest incarceration rates of the civilized world. The conviction rate may be high, but the sentencing is extremely lenient and the total number of convictions is low. [...] In the U.S., prosecutors fail to get a conviction about 30-40% of the time in trials, and a vastly higher percentage of the population is prosecuted.
Ever wonder why Japan has such a high conviction rate?
In Japan, confessions don't get overturned. There's really no provision for confessions under duress, and confessions trump material evidence. This leads prosecutors to do whatever they can to get confessions.
In Japan, you can be held by the police for up to 23 days. During those 23 days, life will be hell. You will be subjected to endless hours of interrogations, little sleep, crowded conditions, and no exercise (unless you count 15 minutes a day in a crowded room where everyone is smoking - which international law doesn't). You can get a lawyer after the first 72 hours, but you are only allowed to communicate with them in Japanese and in the presence of a police officer.
Japan is a great country, but hope to god no one suspects you of anything there.
Some links: Twelve days of detention: http://www.debito.org/policeinterrogations.html [debito.org]
Two years from a forced confession: http://news.bbc.co.uk/2/hi/asia-pacific/8290767.stm [bbc.co.uk]
Seventeen years from a forced confession: http://www.tokyomango.com/tokyo_mango/2009/06/man-intimidated-into-admitting-to-murder-is-set-free-after-17-years-in-prison.html [tokyomango.com]
What to do if you're arrested in Japan: http://www.debito.org/whattodoif.html#arrested [debito.org]
Stay safe, everyone.