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. Copying or downloading protected content is illegal 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
Technical safeguards Is Article XNUMX (Definition) of the Copyright Act,Electronic, magnetic, or other means of preventing or deterring copyright infringement in ways that cannot be recognized by human perception. It is a method of recording and transmitting a signal in which a device reacts in a specific manner, and a method of converting and recording and transmitting content so that the device requires a specific conversion.
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
DVDs are equipped with an access control technology called CSS, which essentially plays the role of copy protection. Ripping of DVDs used to be considered a gray zone, but the revision of the Copyright Law enacted in October 2012 made illegal the ripping of DVDs and game software with access control technology. 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 SlySoft, which was developing the product, was sued by AACS LA and continued to operate even after being convicted, and was closed in 2016 due to diplomatic pressure due to the efforts of the US trade representative.
・ 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 One publisher employee and two editorial production employees sent documents on charges of aiding in violation of copyright law, alleging that the publisher, the publisher, and the editorial production employee posted a link to the download page of the site.
Download and record from video streaming sites
The video distribution service prohibits duplication of content in the terms of use, and the content is 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.
The revised copyright law, which came into effect in June 2020, excluded reflections and minor things,Screenshots of illegal files are also covered by illegal downloadsBecame.
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.
Japanese Communication secret Is one of the strictest in developed countries, but while privacy is protected, there are also high hurdles to identify the other party due to slander on the Internet such as SNS, which has become a problem in recent years.
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
(Ii) The author has the exclusive right to publicly transmit the publicly transmitted work using the receiving device.
Uploading a copyrighted work is an act that infringes the author's exclusive right to enable public transmission, and if the copyright is intentionally infringed, imprisonment with work for not more than 10 years, a fine of not more than 1000 million yen, or a combined course (copyright) According to Article 119 of the Act), civil matters such as claims for compensation will occur separately.
Fast movie compensation
In June 10, 2021 suspects were exposed for the act of infringing on the right to make public transmission possible, and 6 of the suspects received a settlement of 5 million yen. It was reported that the settlement was settled by payingThe Tokyo District Court paid a total of 2 million yen in compensation for the two people who were found guilty of violating the copyright law.Is commanding.
CODA (Content Overseas Distribution Association) says that the YouTube channel that released the fast movie will be identified by international enforcement procedures.
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
2009 11 people
2011 48 people
2013 27 people
2014 33 people
2015 40 people
2016 44 people
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.
2009 popular name Octopus virus When a file disguised as an animated video was executed after DL, the octopus video was played and the file on the PC was replaced with a fish and shellfish icon, and a program was executed that enabled information transmission on the PC.
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 an affiliate, and illegal files such as manga are uploaded.
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
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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