Illegalness such as DVD / BD copy / ripping and video download
Article 30 of Japanese copyright law allows reproduction of copyrighted works for private use, but at the same time. Forbidden to avoid technical safeguardsTherefore, use the app to access DVD/BD, video sites, video streaming services, etc. It is illegal to copy or download protected content become.
Reproduction of private use – avoidance of technical safeguards
Technical safeguards Prevents content copying Copy guardTherefore, copying for private use is permitted without copy protection.
Copyright Act Article 30 (2) – Exceptions to reproduction for private use
(Ii) Avoidance of technical protection measures (remove or modify the signal prescribed in Article XNUMX, Paragraph XNUMX, Item XNUMX (excluding removal or modification due to technical restrictions associated with conversion of recording or transmission method)) Restoration of sound or image related to the work, demonstration, record or broadcasting or wired broadcasting that has been converted to require the specific conversion specified in the same item (performed based on the intention of the person who holds the copyright, etc.) By doing), it is possible to take actions that are prevented by the technical protection measures, or to prevent the consequences of actions that are deterred by the technical protection measures from being hindered. In the case of making a copy that is made possible by Article XNUMX-XNUMX, items XNUMX and XNUMX), or that does not cause any damage to the result, while knowing the fact.
DVD / Blu-ray ripping
Copying or ripping content protected by copy protection such as DVD, Blu-ray, 4K UHD Blu-ray is an illegal act that violates Article 30 (2) of the Copyright Act in order to remove the copy protection.
CSS – access control
DVD is called CSS, which effectively acts as a copy guard. Access control technology Before October 2012, DVD ripping with CSS removed was in the gray zone because CSS is an access control and not a copy protection technology, but it was revised to come into effect in October 10. Under copyright law Illegal ripping of DVDs and game software with access control technology DVD ripping, which has been regarded as a gray zone, has become completely illegal.
Rip app detection
・ In 2005, Macrovision notified the developer of the app of the cease and desist.DVD Decrypter , Shrink DVD Free software such as has stopped development.
・2007 AnyDVD was sued by AACS LA and continued to operate even after being found guilty.
・ In 2014 DVDFab Is sued by AACS LA for violating the DMCA (Digital Millennium Copyright Act), and is sentenced to confiscation of domains including dvdfab.com and prohibition of cooperation with settlement agents.
・ August 2015, 8 DVD Shrink Japanese version In addition to the site operator who published the site, one publisher employee and two editorial production employees were sent documents for aiding and abetting violations of the copyright law for posting a link to the site's download page.
Download and record from video streaming sites
The video distribution service prohibits duplication of content in its terms of use.DRM Because it is protected by a copy guard called (Digital Rights Management)StreamFab Dedicated apps like Screen recorderDownloading / recording content using etc. Avoiding technical safeguards It becomes an illegal act that conflicts with.
Google search DMCA (Digital Millennium Copyright Act) Violation has removed some StreamFab related sites from the search results.
Illegal screen recording (capture)
Play and record protected content capture About the illegality ofThe issue is whether the capture function falls under the definition of technical safeguards.The decision depends on the content protection technology and the features that capture implements.
Illegalness of self-catering books
Digitize books owned by individuals self catering The Private use It is legal within the scope of, but if the self-catering agency disassembles the requested book and digitizes it Reproduction of copyrighted work for commercial purposes It becomes an infringement of copyright.
XNUMX (Ne) No. XNUMX Copyright Infringement Injunction Request Appeal Case
Illegal download
Unauthorized copy infringing copyright under Article 2010, Paragraph 1, Item 1 of the revised Copyright Act, which came into effect on January 30, 1. Illegal file downloadBecame illegal and penalties were applied in the October 2012 revision of the law.
Download log
When you connect to the Internet with a normal line ISP Because it uses the DNS of (Internet Service Provider), even if you delete the browser history and cache, the provider keeps the connection log, so the law enforcement agency is accessing a specific site. An individual can be identified from the address.
Illegal upload
If you upload the duplicate to a video site such as file sharing software, online storage with public settings, Youtube, etc., Article 23 of the Copyright LawInfringe public transmission rightsWill be done.
Violation of copyright law is basically an antragsdelikt,The purpose of gaining profits and harming the interests of right holders,Duplicate and publish paid copyrighted works ,Copyright infringement unfairly harms the interests of the author If Non-antragsdelikt So, the prosecution can prosecute without the victim's accusation.
Copyright Law Article 23
(I) The author has the exclusive right to make public transmission (including transmission enablement in the case of automatic public transmission) for the work.
(Ii) The author has the exclusive right to publicly transmit the publicly transmitted work using the receiving device.
Fast movie compensation
A fast movie, which was a re-edited movie of about 10 minutes, also violated the right to enable public transmission. In June 2021, five suspects were caught, and one of the suspects was settled for 6 million yen. It was reported that he had paid and settled.
CODA (Content Overseas Distribution Association) says that the YouTube channel that released the fast movie will be identified by international enforcement procedures.
In November 2022, 11 companies, including movie companies, sought damages against two people who released fast movies. is ordered.
Reach site measures
The revised copyright law, which came into effect on October 2020, 10, also regulates reach sites and apps that lead to illegal download sites.
File sharing software
File sharing software peer to peer By using a technology called, which exposes a part of your computer to the outside, the published folder becomes visible to users of file sharing software, and it is a hotbed for illegal files such as apps, music, and movies. There are arrests every year.
ACCS (Computer Software Copyright Association) Activity Report
Number of arrests for copyright infringement using file sharing software
File-sharing software is also a hotbed of malware, and a large number of unspecified users can catch it just by changing the title to a popular illegal content name.
online storage
Online storage services aimed at affiliates tend to be populated with a large amount of popular illegal content in order to increase profits.
In 2012 by the US Department of Justice and the FBI Megaupload Is a blockade.
After the FBI investigation into Megaupload, online storage services that abolished affiliates continued, but they are still rapidgator Online storage such as continues to be affiliate.
Illegal use of private online storage
Copyrighted works reproduced for private use dropbox The online storage service that implements the sharing function is described in Article 30, Paragraph 1, Section 1. Automatic duplication equipment May correspond toAutomatic duplication equipment If it is recognized, it is a violation of copyright law even if it is uploaded privately.
Copyright Act Article 30 (2) – Exceptions to reproduction for private use
XNUMX. Duplicate using an automatic duplication device installed for public use (meaning a device that has a duplication function and all or major parts of the device related to this are automated). case
MYUTA problem
MYUTA Is a music service for mobile phones that uses online storage, which does not have a sharing function like general online storage and uses its own online storage, but in the ruling, the MYUTA system duplicates and sends data. Therefore, the legal interpretation was made that it was not for personal use.
Judging that a license for music data storage service for mobile phones and music works is required
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