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."
What crime has he committed? (Score:5, Interesting)
Arguably, since he denies writing the program, he violated the real author's copyright (though I would think that only the actual author could pursue legal action in that case).
Other than that... The closest US analogy I can think of would involve some variety of "theft of service" (or facilitating the same), somewhat like selling software to uncap your cable modem. But that doesn't really seem to fit, since the software only limits the end user's use of what they already have, not their use of content provided by the OEM companies. I can't even see it as facilitating copyright violation, unless Japanese law explicitly has a fair-use idea of "You can do this ten times before it counts"... Otherwise, what makes ten views okay but eleven a violation?
As the parent poster mentions, however, I don't really suppose any of this matters. Off to the gallows with this scofflaw! Hmm, does "interfering with corporate profitability" count as a capital punishment yet?
I'm pretty surprised... (Score:4, Interesting)
It mentions one sale, on CDR, of software and directions, for the equivalent of ~8USD. A download sale(to somebody who then resold a large number of copies) for ~6USD. Stated number of sales, over the year, is "at least 714".
That sounds like pretty mediocre money for taking on any significant legal risk(especially since he has had a steady job with Toshiba for 15 years now, this isn't some 15 year old, or a guy dealing drugs because he has zero job skills). Has there historically been virtually zero risk, and this guy just drew the short straw and got to be the leading edge of some new crackdown? Is he just not that sharp?
Re:Argument (Score:5, Interesting)
Most people will pay for something if they feel that the price point matches the perceived value, rather than steal it.
It's just that more often than not, the perceived value is nowhere near as high as the value set by the seller, and when such a cognitive dissonance exists, people will steal it and justify that however they choose. I will, for example, choose Avast over Norton for antivirus on Windows machines, because, ethically, I'd rather have something that's legitimately being given away than steal something that isn't. In a society where people have been conditionned to have a 30s attention span (thank you, commercials!), and to expect instant gratification, that break point where people decide that it's no longer worth paying for something is decreasing. Industry needs to recognize that, and either reexamine their business models (so that they're only selling things that can't be stolen, and no, I don't mean DRM, I mean sell services rather than products), or to adjust their pricing to reflect how people value their wares.
Re:Argument (Score:3, Interesting)
People are stealing because they know intuitively in their gut that they are being ripped off.
The two disk Blu-Ray release of a $180 million production like Wall-E costs $18 when purchased from Amazon.com. All extras in 1080p.
Wall-E in standard definition is an instant download for your Netflix subscriber.
Disney returns to lush 2D animation and the animated musical feature with The Princess and the Frog.
Black heroine. New Orleans jazz ca. 1925.
Tell me what other studio would have the confidence and resources to take such a risk.
Who is being ripped off?
Re:Japanese police (Score:4, Interesting)
No, in Canada or most of Europe there is no real shame for the prosecution in a not guilty verdict. In Japan it's a career ending event.
Now that they've restored juries, though with a pretty strange variant, things might have changed - but when there weren't juries it was predictable enough for the prosecution that they wouldn't bring to trial anything they weren't sure they would win.
par for course (Score:3, Interesting)
Re:Argument (Score:3, Interesting)
Re:Argument (Score:3, Interesting)
Did you just seriously use that artist extortion and media reproduction industry FUD of calling it “stealing”??
Please go and heal the brainwashing!
It is a service. NOT a product. (Never was. Never will be.)
It is digital(ly transferred). It is NOT a real object.
It is a copy. Stealing is when the owner does not have it anymore!
There is no such thing as moving with digital data. There is only copying (and then perhaps deleting)!
GOT IT?
How can you, as someone who posts on a website for computer experts, not understand this??
If it were my country, you would go to jail for this!
But for now, please turn in your geek card right now!
Re:Toshiba: guilt by association? (Score:2, Interesting)