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Old 2004-05-10, 03:46   Link #1
Archaic
 
 
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Winny creater arrested

This is pretty big news (Broke just before 3pm my local time), but a quick forums search didn't seem to turn up any topics discussing it, so I think I'm in the clear posting it. If I'm not, mods, feel free to delete it, with my apologies.

Story on News.com.au

Quote:
Professor in file-sharing arrest
By Yuri Kageyama in Tokyo
May 10, 2004

A JAPANESE university professor was arrested today on charges of violating copyright laws by developing and offering software that allows users to swap movies and video games on the Internet, police said.

Isamu Kaneko, a 33-year-old assistant professor at the noted University of Tokyo, was arrested on suspicion of developing and offering free downloads on his Web site file-sharing software called Winny, Kyoto Prefectural (state) police said.

Kaneko is also accused of helping two Japanese men arrested in November on charges of disseminating movies and games on the Internet with Winny, police said.

Winny has become a big headache for digital content providers in Japan, with thousands attracted by its claim that it protects users' identities.

The program allows users to trade files without revealing their Internet Protocol address, the Internet's equivalent of a phone number.

For those who aren't aware, Winny is the primary source of raws for most anime series currently subtitled. I think you can imagine the kind of impact something like this might have.
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Old 2004-05-10, 05:04   Link #2
Onakra
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That's what was said last November as well, but it didn't really make a big difference.
The program is out there and it has quite a big userbase (even after the arrests). The arrest of the creator doesn't really make much difference now IMO.

Of course more people will start thinking again at this moment about sharing their stuff, and of course there will be a number that stop, but I think there will still be plenty of people who will continue to do so...
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Old 2004-05-10, 09:41   Link #3
HaRoRuleZ
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Winny's Developer Arrested

Another guy in P2P world has fallen!!!! Who will be next?

I have just seen this news on TV. Below is the news from Mainichi Shimbun newspaper.

Original News Source


Shareware developer busted


A Tokyo University assistant researcher who developed the controversial Winny shareware program has been arrested for breaking copyright laws, police said.

The 33-year-old academic, Isamu Kaneko, was arrested Monday for abetting the violation of the Copyright Law by the creation of the software.

Kaneko, one of the world's first developers of file-sharing software to be arrested, admits to the allegations.

"Basically, what I did clashes with the law, so it was almost inevitable that I was going to be arrested," Kaneko told the police.

Police said that Kaneko succeeded in developing Winny, a software program promising greater anonymity for users than the WinMX shareware that had generally been used to swap files until then.

Kaneko used Ni Chaneru, Japan's biggest online bulletin board, to announce in April 2002 that he had developed shareware that gave users a thicker veil of secrecy, then set up a website the following month where people could download Winny for free.

Police said Kaneko was arrested because Winny allowed a 41-year-old man from Takasaki and 19-year-old youth from Matsuyama to download games and movies from the Internet in violation of the Copyright Law. The youth has since been convicted.

Kaneko has used Ni Chaneru to argue for trading of digital information on the Internet."I want to come up with new business models through copyright law violations," he said on an Internet site.

Winny has already stirred up considerable controversy within Japan this year. In March, a virus swept through the program, picking up investigation records from a Kyoto Prefectural Police officer's computer and whisking them around cyberspace. Other police documents and Self-Defense Force materials have also been spread across the Internet through Winny. (Mainichi Shimbun, May 10, 2004)
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Old 2004-05-10, 09:45   Link #4
Thany
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Well, you should look here I guess
The subject is already in discusion on General Anime forum.
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Old 2004-05-10, 09:47   Link #5
Slade
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He Fought the Law and the~ Law Won~

One thing that interests me about this guy is his quote

"Basically, what I did clashes with the law, so it was almost inevitable that I was going to be arrested," Kaneko told the police."

If he expected to get caught why did he do it? It's too risky as he's got much to lose. Anyone smart enough to work at Tokyo University is fully capable of making alot of money. I wonder what sparked his interest and made him make the shareware?

Still, he's made a name for himself one way or another and if the government doesn't hire him, a big shot company will. I'm not entirely sure of his fate in the near future though. I doubt he has enough money to pay bail, but maybe someone will pay it for him in exchange for a "deal".

edit- woop I didn't even know a similar thread existed Thany >__<;;
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Old 2004-05-10, 09:50   Link #6
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"Basically, what I did clashes with the law, so it was almost inevitable that I was going to be arrested," Kaneko told the police.

It's unfortunate, but at least he's taking responsibility for his actions instead of trying to defer blame or plead that he's in the right and did nothing wrong. I have a certain respect for him now, not for his actions, but his muturity in the situation.

I can't see winny surviving for more than another year, at most.
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Old 2004-05-10, 09:50   Link #7
HaRoRuleZ
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Quote:
Originally Posted by Thany
Well, you should look here I guess
The subject is already in discusion on General Anime forum.
Thanks. Well, I am late. But this forum should be the right place for posting this news not in General Anime Forum. This is not an anime title discussion.
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Old 2004-05-10, 09:56   Link #8
Thany
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Quote:
Originally Posted by HaRoRuleZ
Thanks. Well, I am late. But this forum should be the right place for posting this news not in General Anime Forum. This is not an anime title discussion.
I know, but anyway the very first post has been merged with this one on the general chat
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Old 2004-05-10, 10:08   Link #9
HaRoRuleZ
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Quote:
Originally Posted by Mr_Paper
"Basically, what I did clashes with the law, so it was almost inevitable that I was going to be arrested," Kaneko told the police.

It's unfortunate, but at least he's taking responsibility for his actions instead of trying to defer blame or plead that he's in the right and did nothing wrong. I have a certain respect for him now, not for his actions, but his muturity in the situation.
He was arrested with pride unlike another renowned professor from Waseda University arrested recently for mirroring under skirt of a high school girl. Yes, he used a mirror.
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Old 2004-05-10, 11:25   Link #10
Don Eunuch
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How about bittorrent?

And us, illegal fansub downloaders?
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Old 2004-05-10, 11:43   Link #11
Thany
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Quote:
Originally Posted by Don Eunuch
How about bittorrent?

And us, illegal fansub downloaders?
Bitorrent isn't the only p2p client that you can use to get the raws : there's also eMule and a lot of others alternatives
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Old 2004-05-10, 12:39   Link #12
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Quote:
Originally Posted by HaRoRuleZ
"Basically, what I did clashes with the law, so it was almost inevitable that I was going to be arrested," Kaneko told the police.
The actual Japanese quote of Kaneko-shi (aka 47shi) was:

「結果的に自分の行為が法律にぶつかってしまうので逮捕されても仕方ない」

If you literally, translate that into English, you get the one quoted above. However, the nuance in Japanese and what he probably mentioned was more along the more sarcastic tones of:

"Under current edicts, the actions that I have taken comes into direct conflict with the law, so it was only a matter of time that I was going to be arrested."

He was arrested by the Kyoto Municipal Police Department on the charges of "Self-acknowledged assistance in providing the means of distributing copyrighted material illegally." This is a very complicated matter since this is the first time the "Assisting Distribution of Copyrighted Material Law" was used.

Mr. Kaneko and his lawyers, argues:

「切れ味のいい包丁を作ったからといって、包丁が悪用された場合、包丁を作った人まで悪いというのはおかし い」

"[The charges] are outrageously absurd. If a blacksmith makes a very good kitchen knife, but if someone else uses that as a weapon, does that mean the blacksmith is the one responsible for 'providing assistance' ? "

The arrest of Mr. Kaneko is not as simple as it seems. This is becoming a very huge issue in Japan right now. There are several complex issues at stake here:

"Where does the responsiblity of the software maker/creator lay?"
"The extent of 'acknowledgement' that the creator had that his software would be used illegally"
"Freedom of expression"
"Freedom to pursue higher education/research"


If the courts decide and set a precedent, would that mean Microsoft Japan will be held accountable for numerous security holes? Would Japanese CD-R/DVD-R manufacturers be held accountable for 'providing assistance' in developing hardware that 'assists' in illegal distribution of said copyrighted materials? If a innovative engineer alone will be held responsible, wouldn't that have an adverse effect on creative engineers?

Last edited by kj1980; 2004-05-10 at 13:20.
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Old 2004-05-10, 13:16   Link #13
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Quote:
Originally Posted by kj1980
Mr. Kaneko and his lawyers, argues:

「切れ味のいい包丁を作ったからといって、包丁が悪用された場合、包丁を作った人まで悪いというのはおかし い」

"[The charges] are outrageously absurd. If a blacksmith makes a very good kitchen knife, but if someone else uses that as a weapon, does that mean the blacksmith is the one responsible for 'providing assistance' ? "

"Where does the responsiblity of the software maker/creator lay?"
"The extent of 'acknowledgement' that the creator had that his software would be used illegally'
"Freedom of expression"
"Freedom to pursue higher education/research"
Very informative and I find that quote by the lawyer to be quite amusing. I think the most important factor is the extreme of acknowledgment the creator had that his software would be used illegally because if he fully well knew it was going to be used for illegal purposes it's no doubt he's going to spend alot of time in jail

But, if he can say that he created as a way for people to transfer information in a manner that is harder to track such as important documents as well as pictures instead of licensed movies and music, he could go free. It's his motives that's the main factor in this case and that's the problem, how would they know if he's telling the truth or not?

The reason other programs that are used to share and distribute files like bittorrent are not illegal because it's used by many big companies legally(Blizzard for one).

This is an interesting case and I'll try to keep up with it and see where it goes.
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Old 2004-05-10, 14:21   Link #14
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Quote:
Originally Posted by Slade
Very informative and I find that quote by the lawyer to be quite amusing. I think the most important factor is the extreme of acknowledgment the creator had that his software would be used illegally because if he fully well knew it was going to be used for illegal purposes it's no doubt he's going to spend alot of time in jail

But, if he can say that he created as a way for people to transfer information in a manner that is harder to track such as important documents as well as pictures instead of licensed movies and music, he could go free. It's his motives that's the main factor in this case and that's the problem, how would they know if he's telling the truth or not?

The reason other programs that are used to share and distribute files like bittorrent are not illegal because it's used by many big companies legally(Blizzard for one).

This is an interesting case and I'll try to keep up with it and see where it goes.
Blizzard uses BT? For what and is it BT or somethin' else.
Well I think that the guy will be put in jail because the chances that a case like 'I made the program to benefit higher education' will not hold up so well. I hope to see him with less than 5 years though, I mean come on. But another point that could be made in his defense would be that he was spreading information in places that certain information is unattainable. I know plently of people that hasn't even heard of anime, but once I showed them BT and that kinda stuff they were hooked. Well maybe that can't be used as a point of defense, but it should certainly be made a point. I just hate the kind of people that make a big deal about this kinda stuff, 'cuz it's art, it DOES make money, but I think that the art comes first. This is of course excluding games and such, were people are just too lazy to buy the games.....god damn warez kiddies.....
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Old 2004-05-10, 14:30   Link #15
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Winny = WinMX?
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Old 2004-05-10, 14:53   Link #16
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Quote:
Originally Posted by JubeiYamazaki
Winny = WinMX?
http://en.wikipedia.org/wiki/Winny
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Old 2004-05-10, 15:21   Link #17
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Quote:
Originally Posted by Karma
Blizzard uses BT? For what and is it BT or somethin' else.
Well I think that the guy will be put in jail because the chances that a case like 'I made the program to benefit higher education' will not hold up so well. I hope to see him with less than 5 years though, I mean come on. But another point that could be made in his defense would be that he was spreading information in places that certain information is unattainable. I know plently of people that hasn't even heard of anime, but once I showed them BT and that kinda stuff they were hooked. Well maybe that can't be used as a point of defense, but it should certainly be made a point. I just hate the kind of people that make a big deal about this kinda stuff, 'cuz it's art, it DOES make money, but I think that the art comes first. This is of course excluding games and such, were people are just too lazy to buy the games.....god damn warez kiddies.....

I believe Blizzard was using BT to distribute their WoW trailer I believe. It was a few months back maybe 5-6 months ago?

I don't necessary think he should be sent to jail right away. The technology could be used for many other things that could advance how we all share data.

If you put this man in jail, it has a chance that it could be the same as putting the man who created gunpowder into jail because it was his invention that later on helped to kill millions. Besides, really good programmers don't belong in prison, they should be put to use in progressing technology.
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Old 2004-05-10, 15:27   Link #18
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Oops don't fuck with Nintendo.

http://www.infoanarchy.org/story/2003/11/28/12564/146
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Old 2004-05-10, 15:46   Link #19
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Quote:
Originally Posted by HaRoRuleZ
Kaneko has used Ni Chaneru to argue for trading of digital information on the Internet."I want to come up with new business models through copyright law violations," he said on an Internet site.
I'm more interested in this comment that he made. Copyright law needs a major overhaul to deal with the reality that is file sharing with digital copies. It's not going to go away no matter how much creators of product want it to.

Quote:
Originally Posted by Karma
Well I think that the guy will be put in jail because the chances that a case like 'I made the program to benefit higher education' will not hold up so well. I hope to see him with less than 5 years though, I mean come on. But another point that could be made in his defense would be that he was spreading information in places that certain information is unattainable. I know plently of people that hasn't even heard of anime, but once I showed them BT and that kinda stuff they were hooked. Well maybe that can't be used as a point of defense, but it should certainly be made a point. I just hate the kind of people that make a big deal about this kinda stuff, 'cuz it's art, it DOES make money, but I think that the art comes first. This is of course excluding games and such, were people are just too lazy to buy the games.....god damn warez kiddies.....
Just because someting is considered "arty" does not necessarily equate that it should be a given right that everyone should be able to experience it for free. This argument is just a have vs. have not type of argument. Sorry, things cost money, even art, and if you can't afford it, well, that doesn't give one the right to steal it or take it, or in this case copy it for free. "It's art" is not an acceptable argument.
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Old 2004-05-10, 16:20   Link #20
ato
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As a programmer, I find this development highly disturbing. Please excuse me if I get a bit hot under the collar here... Also keep in mind that IANAL.

A lot of people seem to think that because the Winny author holds certain political views, and expresses certain opinions, it is correct to send him to jail. However, in many nations (and certainly in Japan) there is a thing known as freedom of expression. This means that a person has the right to criticise the current order of things without fear of legal action. Of course there are limits to that freedom, but in my opinion, criticising the current copyright system is not stepping over those limits. Inventing a tool, even with the expressed intent of enabling illegal behaviour, is not a crime - Using the tool in a criminal way is the offence. Look at handguns for a nice example of how this works.

The charge seems to be "Aiding breach of copyright". Apparently, a law against that was recently passed in Japan, but the repercussions must have been poorly thought through. Would selling blank notebooks be considered "aid"? Would selling or making blank media, whatever it might be, "aiding"? Would ISPs be guilty of providing "aid" to the filesharers? Would the OS manufacturers be liable as well - After all without a general computer operating system we would not be able to share files. Could one successfully charge hardware makers with "aiding"? To my unprofessional eye, it looks like a quagmire just opened up under the feet of the collective IT industry.

The big software houses and corporations will get away clean, they always do. But what if someone involved in filesharing starts using my program to help them in their activities? Practically any program can be used to "aid breach of copyright" - Compressing utilities, video and sound encoding, any communication tool that transfers files (IRC, mail and IM clients, most assuredly), databases (for storage and metadata collection)... The list never ends. If some of the big content providers hold the opinion that my little utility "aids" in filesharing, I'm going to shake bars. No matter what my original intent with the program was.

I'm scared. I truly am.
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