Copyright law and illegality of ripping and capture

copyright

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, using the app, 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 law cannot be prosecuted unless the right holder (victim) filed a complaint. Guilty chargesso,Ripping and downloading around copy protection is illegal but no criminal penalties.
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.
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
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.
Under the revised copyright law that came into effect in October 2012, in addition to the sale and manufacture of equipment and programs aimed at avoiding technical protection measures, some copyright infringement will be guilty of non-parental charges, and the right holder will not file a complaint. Even if it becomes possible to detect it, it will be possible to detect it DVDFab-Shrink DVD Domestic provision of ripping software such as these has become 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.

Copyright-001

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.

2014 Yokohama Software Vendor internal Captures DRM-protected ebooks Komisuke 3 Was developed and sold and was caught on suspicion of violating the copyright law, and was sentenced to prison in 2016.
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

If you just want to disassemble the book Reproduction of copyrighted work for commercial purposes Many self-catering agents accept only disassembly of books because they do not fall under.

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.

Downloading illegal files requires a complaint from the right holder (victim) Guilty charges However, paid content such as CDs, DVDs, books, and paid broadcasts called paid works Download multiple times in a row knowing that it is illegalif you did this, Imprisonment for up to XNUMX years, a fine of up to XNUMX million yen, or a combination of theseThere is a criminal punishment.
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.

In Japan, privacy is protected, Article 4, Paragraph 1 of the Telecommunications Business Law. Communication secret There,The right to prevent the content and destination of communication from being known or leaked to a third party Is guaranteed,Obtain the consent of the person Or Justice -Legitimate defense-Emergency evacuation Infringement of confidentiality of communications is permitted only when there is an illegal reason for blocking.
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.

copyright act-3

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.
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
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.

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.

The reach site is Inducing the public to infringing works, etc.,Mainly used for the use of infringing works by the publicHowever, there are vague parts such as cases where a link to an illegal download site is slightly posted on a normal blog etc. are not covered, and it will be a judicial decision in the end.

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

copyright-act-5

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.

Copyright Act 1

In 2012 by the US Department of Justice and the FBI Megaupload Is a blockade.

In 2010, an 18-year-old male student in Akita Prefecture uploaded an illegal manga file obtained from file sharing software to Megaupload, and it is said that he earned about 30 yen in half a year, and the student infringed copyright. Documents have been sent by.

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

Since MYUTA stopped its service before the decision was issued, the dismissal of the injunction is a case law for the act of storing the copyrighted work in online storage.

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