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by Mike Masnick


Filed Under:
copyright, japan, viruses



Japanese Officials Use Copyright Law To Arrest Computer Virus Writer

from the misuses-of-copyright dept

Over in Japan, a 24-year-old grad student was arrested this week for writing a computer virus. There's just one problem. There's apparently no law in Japan against writing viruses. So, instead, officials had to twist copyright law to use it to arrest the guy. That was possible because the virus itself used popular animation clips as a means of getting people to click on it. Those animation clips violated copyrights. Now, it's nice to see officials cracking down on virus writers, but it's a shame for them to twist copyright law for that purpose. If the problem is that the law doesn't make virus writing illegal, then change the law. Using copyright law for other purposes starts you down a pretty slippery slope. Yes, it's true that the guy was also violating copyrights, but it seems pretty clear from the report that the reason officials went after him was because of the virus. Update: It turns out this story is even more bizarre. TorrentFreak reports that three people were arrested, and the virus itself threatened to kill people for using file sharing systems.

14 Comments | Leave a Comment..

 
 

Reader Comments

(Flattened / Threaded)

    Jan 24th, 2008 @ 8:08pm
  • by Sal

    It's Japanese, I expected it to be more bizzare than that.

    (reply to this comment) (link to this comment)

  • Jan 24th, 2008 @ 8:12pm
  • If vriting a virus is illegal...

    by Dr.A

    then someone at Sony Japan would go to jail for "The rootkit job".

    Making "virus" writing illegal would likely endanger the authors of most of the crappy coded software we use today.
    Still remember that old joke comparing the behavior of M$ Windows versus Joe virus ?

    (reply to this comment) (link to this comment)

  • Jan 24th, 2008 @ 9:15pm
  • by Hoeppner

    expost factos

    even if the laws did get passed he wouldn't get in trouble for what he did before those laws were passed.

    (reply to this comment) (link to this comment)

  • Jan 25th, 2008 @ 5:25am
  • We wrote that

    by MAFIAA

    And btw, the Sony Rootkit is not a virus.

    (reply to this comment) (link to this comment)

  • Jan 25th, 2008 @ 6:22am
  • by Anonymous Coward

    And I am sure that there are some who thought it was weak to put Al Capone in prison for tax evasion too.

    Crooks belong in jail using whatever it takes to get them there.

    (reply to this comment) (link to this comment)

    • Jan 25th, 2008 @ 12:06pm
    • Re:

      by Unanimous Coward

      Easy to hide your strong beliefs behind anonymity, isn't it? How about a face and website to show the world?

      Are you gutless?

      Are you really a coward?

      I believe you are--

      you: "Let's arrest those crooks no matter what! They might endanger my weak white pathetic ass, and hot in-shape crooks get all the chicks that pass me right by 'cause of my pathetic anonymous body."

      (reply to this comment) (link to this comment)

    Jan 25th, 2008 @ 6:25am
  • that is a good point ...

    by Kilroy

    You cannot get in trouble for doing something that is not against the law. The law is not always up to date with the newest technologies so it is possible that they need a law making it illegal to write a computer virus. But I have to commend them for finding an innovative way to get the guy.

    (reply to this comment) (link to this comment)

  • Jan 25th, 2008 @ 6:39am
  • check his paystub

    by MeatyMbBeef

    Check the guys paystub. A hundred Liden dollars says it's got an "RIAA" watermark...

    (reply to this comment) (link to this comment)

  • Jan 25th, 2008 @ 8:44am
  • A charge that can stick

    by Chuck Norris' Enemy (deceased)

    Prosecutors do this all the time. If you are a trouble maker (although not against the law) they can find some other law you may have broken and charge you. They still found him breaking some law. Charge his trouble making butt!

    (reply to this comment) (link to this comment)

  • Jan 25th, 2008 @ 4:13pm
  • Japan censorship

    once again we here japanese authorities twisting stories.

    (reply to this comment) (link to this comment)

  • Jan 25th, 2008 @ 4:13pm
  • Japan censorship

    once again we here japanese authorities twisting stories.

    (reply to this comment) (link to this comment)

  • Jan 31st, 2008 @ 2:47pm
  • Mastering own playground

    The japanese policemen really understand their law very well, but still he is arrested because of the clickable animated pictures and not because he is writing a computer virus. The world should start thinking about creating some kind of cyber law developed for these troublesome programmers as soon as possible.

    (reply to this comment) (link to this comment)

  • May 25th, 2008 @ 5:00am
  • copyright virus

    by j solis

    Why not copyright the VIRUS itself and prosecute anyone who uses it? I could get copyrights on a whole list of viruses and other malware and then file charges on anyone who sends them out.

    Lawyers would have lots of fun with those cases!

    (reply to this comment) (link to this comment)

  • Oct 29th, 2008 @ 11:59pm
  • cyber crime and virus research

    by Rizal Agung Pribadie

    The all of many kind virus and variant when i have found in this time so still have just only disturbed of OS never have i found the virus can be damage the OS work. But some many people is still be think that's can be so deadly for them all computer

    (reply to this comment) (link to this comment)

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