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Winny Copyright Infringement Case
Winny copyright infringement criminal case in Japan was a Japanese criminal case in which Isamu Kaneko, the developer of peer-to-peer, P2P file-sharing program Winny, was indicted for aiding in copyright infringement. This was the first case in which a computer program developer faced a criminal charge for assisting in the copyright infringement of the program's users. In 2006, the found Kaneko guilty and fined him ¥1.5 million. On appeal, the in 2009 overturned the lower court's decision, acquitting Kaneko.Winny developer acquitted
, The Japan Times ONLINE, Oct. 9, 2009
Finally, in 2011, the Supreme Court of Japan upheld the acquittal, holding that Kaneko did not intentionally induce infringement and was therefore not responsible for the users' unlawful actions.


Background

In November 2003, two ...
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Supreme Court Of Japan
The , located in Hayabusachō, Chiyoda, Tokyo, Chiyoda, Tokyo, is the Supreme court, highest court in Japan. It has ultimate judicial authority to interpret the Constitution of Japan, Japanese constitution and decide questions of national law. It has the power of judicial review, which allows it to determine the constitutionality of any law or official act. History The modern Supreme Court was established in Article 81 of the Constitution of Japan in 1947. There was some debate among the members of the Supreme Commander for the Allied Powers, SCAP legal officers who drafted the constitution and in the National Diet, Imperial Diet meeting of 1946 over the extent of the power of the judiciary, but it was overshadowed by other major questions about popular sovereignty, the role of the emperor, and the renunciation of war. Although the ratified wording in Article 81 states that court possesses the power of judicial review, a part of the court's early history involved clarifying the ...
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The Japan Times
''The Japan Times'' is Japan's largest and oldest English-language daily newspaper. It is published by , a subsidiary of News2u Holdings, Inc.. It is headquartered in the in Kioicho, Chiyoda, Tokyo. History ''The Japan Times'' was launched by Motosada Zumoto on 22 March 1897, with the goal of giving Japanese people an opportunity to read and discuss news and current events in English to help Japan to participate in the international community. The newspaper was independent of government control, but from 1931 onward, the paper's editors experienced mounting pressure from the Japanese government to submit to its policies. In 1933, the Japanese Ministry of Foreign Affairs appointed Hitoshi Ashida, former ministry official, as chief editor. During World War II, the newspaper served as an outlet for Imperial Japanese government communication and editorial opinion. It was successively renamed ''The Japan Times and Mail'' (1918–1940) following its merger with ''The Japan Ma ...
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Acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction. Scotland Scots law has two acquittal verdicts: ''not guilty'' and ''not proven''. However a verdict of "not proven" does not give rise to the double jeopardy rule. England and Wales In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an ex ...
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Accessory (legal Term)
An accessory is a person who assists in, but does not actually participate in, the commission of a crime. The distinction between an accessory and a principal is a question of fact and degree: *The principal is the one whose acts or omissions, accompanied by the relevant ''mens rea'' (Latin for "guilty mind"), are the most immediate cause of the ''actus reus'' (Latin for "guilty act"). *If two or more people are directly responsible for the ''actus reus'', they can be charged as joint principals (see common purpose). The test to distinguish a joint principal from an accessory is whether the defendant independently contributed to causing the ''actus reus'' rather than merely giving generalised and/or limited help and encouragement. Elements In some jurisdictions, an accessory is distinguished from an accomplice, who normally is present at the crime and participates in some way. An accessory must generally have knowledge that a crime is being committed, will be committed, or has b ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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Indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an indictable offence, an offence that requires an indictment. Australia Section 80 of the Constitution of Australia provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The High Court of Australia has consistently used a narrow interpretation of this clause, allowing the Parliament of Australia to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''Crimes Act 1914'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears". Canada A direct indictment is one in which the ca ...
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ABC News (Australia)
ABC News, or ABC News and Current Affairs, is a public news service produced by the Australian Broadcasting Corporation. Broadcasting within Australia and the rest of the world, the service covers both local and world affairs. The division of the organisation, which is called ABC News, Analysis and Investigations. is responsible for all news-gathering and coverage across the Australian Broadcasting Corporation's various television, radio, and online platforms. Some of the services included under the auspices of the division are the ABC News TV channel (formerly ABC News 24); the long-running radio news programs, '' AM'', '' The World Today'', and '' PM''; ABC NewsRadio, a 24-hour continuous news radio channel; and radio news bulletins and programs on ABC Local Radio, ABC Radio National, ABC Classic FM, and Triple J. ABC News Online has an extensive online presence which includes many written news reports and videos available via ABC Online, an ABC News mobile app (ABC Liste ...
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WIRED
''Wired'' (stylized as ''WIRED'') is a monthly American magazine, published in print and online editions, that focuses on how emerging technologies affect culture, the economy, and politics. Owned by Condé Nast, it is headquartered in San Francisco, California, and has been in publication since March/April 1993. Several spin-offs have been launched, including ''Wired UK'', ''Wired Italia'', ''Wired Japan'', and ''Wired Germany''. From its beginning, the strongest influence on the magazine's editorial outlook came from founding editor and publisher Louis Rossetto. With founding creative director John Plunkett, Rossetto in 1991 assembled a 12-page prototype, nearly all of whose ideas were realized in the magazine's first several issues. In its earliest colophons, ''Wired'' credited Canadian media theorist Marshall McLuhan as its "patron saint". ''Wired'' went on to chronicle the evolution of digital technology and its impact on society. ''Wired'' quickly became recognized as ...
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Copyright Law
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rig ...
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The Register
''The Register'' is a British technology news website co-founded in 1994 by Mike Magee, John Lettice and Ross Alderson. The online newspaper's masthead sublogo is "''Biting the hand that feeds IT''." Their primary focus is information technology news and opinions. Situation Publishing Ltd is listed as the site's publisher. Drew Cullen is an owner and Linus Birtles is the managing director. Andrew Orlowski was the executive editor before leaving the website in May 2019. History ''The Register'' was founded in London as an email newsletter called ''Chip Connection''. In 1998 ''The Register'' became a daily online news source. Magee left in 2001 to start competing publications ''The Inquirer'', and later the ''IT Examiner'' and ''TechEye''.Walsh, Bob (2007). ''Clear Blogging: How People Blogging Are Changing the World and How You Can Join Them.'' Apress, In 2002, ''The Register'' expanded to have a presence in London and San Francisco, creating ''The Register USA'' at ther ...
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University Of Tokyo
, abbreviated as or UTokyo, is a public research university located in Bunkyō, Tokyo, Japan. Established in 1877, the university was the first Imperial University and is currently a Top Type university of the Top Global University Project by the Japanese government. UTokyo has 10 faculties, 15 graduate schools and enrolls about 30,000 students, about 4,200 of whom are international students. In particular, the number of privately funded international students, who account for more than 80%, has increased 1.75 times in the 10 years since 2010, and the university is focusing on supporting international students. Its five campuses are in Hongō, Komaba, Kashiwa, Shirokane and Nakano. It is considered to be the most selective and prestigious university in Japan. As of 2021, University of Tokyo's alumni, faculty members and researchers include seventeen prime ministers, 18 Nobel Prize laureates, four Pritzker Prize laureates, five astronauts, and a Fields Medalist. Hist ...
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Assistant Professor
Assistant Professor is an academic rank just below the rank of an associate professor used in universities or colleges, mainly in the United States and Canada. Overview This position is generally taken after earning a doctoral degree and generally after several years of holding one or more Postdoctoral Researcher positions. It is below the position of Associate Professor at most universities and is equivalent to the rank of Lecturer at most Commonwealth universities. In the United States, Assistant Professor is often the first position held in a tenure track, although it can also be a non-tenure track position. A typical professorship sequence is Assistant Professor, Associate Professor, and Full Professor in order. After 7 years, if successful, Assistant Professors can get tenure and also get promotion to Associate Professor. There is high demand for vacant tenure-track Assistant Professor positions, often with hundreds of applicants. Less than 20% of doctoral graduates move ...
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