Copyright Extension Moves To Japan

from the ain't-no-such-thing-as-a-public-domain dept

Looks like the latest battle over copyright extension is about to take place in Japan, where the new prime minister, Yukio Hatoyama, has vowed to extend certain copyrights. Specifically, he says that posthumous copyrights for compositions should last 70 years, rather than 50. This makes no sense, no matter what basis you judge copyright on. Copyright is supposed to serve a simple purpose: to encourage the creation of new works. It never makes sense to extend copyright on existing works, because those works were already created. In other words, the social "bargain" that was offered in terms of the limited times of protection available were clearly sufficient. But, it's making a pure mockery of the law to specifically single out posthumous copyright protection to be extended because, as far as I know, the dead no longer have any incentives to create new content, no matter how long the copyrights on their old content lasts. The only explanation for doing so is to create a special welfare program for songwriters and composers. But, if that's the case, let's make it clear this is a welfare system, rather than anything to do with copyright.

24 Comments | Leave a Comment..

Nestle's Kit Kat Bars Give Consumers An RtB In Japan

from the you-will-surely-win dept

Techdirt reader Kathy writes in to let us know about the 200 different flavors of Kit Kat candy bars in Japan. Public Radio International describes how Nestle has developed an interesting sales strategy in Japan where the competition among retailers is apparently so great that stores benefit from constantly updating their shelves with new products. In such a marketplace, Nestle has adopted numerous varieties of its Kit Kat candy bars that can only be purchased in certain locations or at specific times of the year. So instead of trying to peddle the same merchandise to everyone, Nestle has effectively given consumers a reason to buy (RtB) -- by making limited edition flavors and targeting the local tastes and customs in Japan. Nestle caters to Japan's omiage gift-giving culture (where friends are expected to bring back unique trinkets when they travel) with regional Kit Kats. So for example, a potato-flavored version is only sold in the northern part of Japan known for its potatoes, so northerners (or traveling southerners) can give out unique treats that aren't available nationwide. And all over Japan, the candy bars have also been packaged with mailing labels -- so that the candy can be sent as "good luck" charms. Due to the ingenious connection to the Japanese words Kitto Katsu which mean "you will surely win", the "good luck" symbol for Kit Kats in Japan was also successfully manufactured and marketed and as a result, Kit Kats have been popular with exam-taking students who seem to want good luck, however they can get it.

Clearly, Nestle must be admired for its efforts to connect with candy fans. And it's particularly brilliant to see them bundle candy bars as good luck charms -- a story that adds intangible value to the otherwise ordinary snacks. Perhaps it's only a matter of time before some artists write some flavor-inspired songs/plays/films and try to sell loooots of Kit Kats, too.

34 Comments | Leave a Comment..

Japanese Prosecutors Still Want To Blame Developer Of File Sharing Program For Copyright Infringement By Users

from the too-bad dept

We were happy earlier this month to learn that the Osaka High Court had overturned a lower court ruling, against the creator of the popular Japanese file sharing service, Winny. The lower court had found the guy guilty of copyright infringement, despite having just developed the software, not having used it to infringe on copyrights. The higher court got it right, recognizing that just because the software could be used for copyright infringement does not mean that the developer is automatically guilty of copyright infringement. Unfortunately, Japanese prosecutors didn't recognize the common sense and basic logic of such a ruling and are now appealing the case to the Supreme Court in Japan. Hopefully, the Supreme Court agrees with the Osaka high court, but either way, this seems like a massive waste of time and resources.

11 Comments | Leave a Comment..

Japanese High Court Realizes That Developer Of File Sharing Software Shouldn't Be Liable For Infringement

from the good-news dept

Back in 2006, we were disappointed by a Japanese court decision that found the developer of the popular (in Japan) file sharing software Winny, guilty of copyright infringement. The issue, like in so many other cases around the world, was whether or not, by just creating the software, he had "induced" infringement. But by blaming the developer of software for how others use it, the courts put a significant chill on innovation. It suddenly creates massive liability for any developer. The case was appealed, and the good news (via Slashdot) is that Japan's High Court has overturned the lower court's decision, saying:

"Merely being aware of the possibility that the software could be abused does not constitute a crime of aiding violations of the law, and the court cannot accept that the defendant supplied the software solely to be used for copyright violations."

Nice to see common sense win every once in a while.

8 Comments | Leave a Comment..

French Porn Execs: Ignore Piracy, Focus On Quality; Japanese Porn Execs: Sue Everyone

from the a-bit-of-a-split dept

It seems that the porn world has had a "love/hate" affair with file sharing. Over the years, we've seen stories of porn film makers embracing piracy to their advantage, and others complaining about it. It's really not all that different than the rest of the entertainment industry. So, it should come as no surprise that different porn execs are responding quite differently in two recent stories. First, comes the news that Japanese porn film producers are looking to sue 65,000 people in South Korea for uploading. That's about double the number of people that the RIAA sued in the US for uploading. Wow.

Meanwhile, reader PrometheeFeu alerts us to quite a different story in France, where industry execs are taking a much more reasonable view on things (article in French, translation provided by PrometheeFeu). The execs admit that it doesn't make sense to try to keep things from users:

"Today all of our new productions simultaneously come out in DVD, download and streaming on our website and on our partner's VOD platforms. Back then, we looked at the music market as an example of what not to do and how to react"

And they know piracy happens, but they figure that it's just a part of the market, and you can't blame people (or sue people) for file sharing:

"If you leave unattended a bag of candy and some children, they will not understand why you punish them for eating the candy. Illegal files are 3 clicks away for just about anyone. It's normal that consumers will take advantage of those."

But, they're figuring out ways to compete, by focusing on high quality, high-end material:

"Of course, the large majority of free and illegal content is low-end. [...] The public rejects this mass of identical video. Whatever small amount of high end content obviously stands out."

The producers in Japan might want to visit France for a lesson on how this works.

18 Comments | Leave a Comment..

Recording Industry, Japanese Gov't Work To Break Your Mobile Phone If You Listen To Unauthorized Music

from the how-nice-of-them dept

You would think that the entertainment industry might look back at its rather long history of failed attempts to stop technological innovation from interfering with their business models and realize the sheer futility of trying to stop people from doing what they want to do, and could have learned that embracing what technology allows is a better path. But... that never seems to happen. Apparently the recording industry is now so worried that unauthorized file sharing on mobile phones is the next big threat, that rather than working on ways to use that to their advantage, they've teamed up with the Japanese gov't (note: not Japanese consumer electronics makers) to develop a system to break mobile phones if users are caught listening to unauthorized music.

Think of it like an automated "three strikes" plan for your phone:

Details are scarce, but apparently the system would consist of a central database which contains information about music which is authorized to be downloaded. This system would be responsible for verifying that cellphone users weren't downloading illicit music. Those that do would be sent warning messages.

But of course, simple warnings aren't enough for the music industry. The report claims that the music capabilities of cellphones could be disabled for persistent infringers.

Once again, the entertainment industry would prefer to break any new innovation rather than learn to adapt.

20 Comments | Leave a Comment..

Japan's Smile Scanners A Classic Misuse Of Technology

from the smile-for-the-scanner dept

As pointed out on the Freakonomics Blog:

Japan's Keihin Express Railway Co. has set up "smile scanners" at 15 of its stations, where railway employees have their smiles assessed by software in the hopes of perfecting a customer-friendly look.

This is such a classic misuse of technology by a corporation. The goal of the company is to provide more positive and friendly customer service but its technique of using a "smile scanner" is going to have the opposite effect. Nobody likes to be forced into happiness, and the employees will end up resenting the scanners, their bosses for making them use the scanners and the customers for expecting them to smile.

Instead, a smart company would try to figure out how to make its employees genuinely happy so that they smile because they want to smile. This would create endless positive outcomes for the company, the employees and the customers.

Sometimes technology can look like it provides a quick fix when, in fact, it is just an illusion.

Cross-posted from MyMediaMusings.com

David Title is an expert at the Insight Community. To get insight and analysis from David Title and other experts on challenges your company faces, click here.

33 Comments | Leave a Comment..

Japan Makes Private Copying Illegal

from the wrong-direction dept

Plenty of countries have reasonably pointed out that the entire point behind copyright laws was to protect again commercial for-profit copying -- and thus, private, non-commercial personal use copying really shouldn't be covered by copyright laws. Of course, for an entertainment industry hell-bent on filing lawsuits against people rather than adapting to the marketplace, this is a serious, serious problem. So, the recording industry has been lobbying hard in any country that carves out an exception for private copying, trying to make it illegal. Unfortunately, it appears they've won in Japan. A new copyright law has been passed that specifically says that private, non-commercial copying is infringing (via Cybeardjm). This really isn't all that surprising, given that Japan has also been pushed on copyright extension and a recent court ruling found that uploading your own content for personal storage could be infringement. Still, it's yet another victory for entertainment industry lobbyists who will do anything possible to pass laws to protect old business models.

43 Comments | Leave a Comment..

Japan, Greece The Latest To Join The Anti-Street View Party

from the jump-on-the-bandwagon dept

Lots of people around the world have worked themselves into a lather over the supposed privacy invasions of Google Street View, as well as the security threat they say it creates. These fears are largely unfounded, since Street View displays images of public spaces, and since it really doesn't give would-be criminals information they couldn't easily find elsewhere; and most courts and governments have agreed. Still, the Street View backlash continues to spread, with groups in Japan and Greece the latest to take exception to it. Officials in Greece have forced Google to stop the project there until it provides more details on how long it will store photos and how it will protect people's privacy. In Japan, Google is being forced to re-shoot photos in a dozen cities because its car-mounted cameras were too high. It will lower its cameras there by 16 inches so they can't see over fences around people's homes. That's a nice gesture from Google, but will Japan also ban multi-story buildings that let people see over fences? Will ladders and scaffolding be next?

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

6 Comments | Leave a Comment..

Japanese Game Developer Thrilled That Fans Are Translating His Works For Other Markets

from the thank-you-for-loving-my-game-so-much dept

Richard 23 writes "07th Expansion is a dojin (amateur/hobbyist) software company in Japan that wrote and distributed the popular mystery/horror visual novel Higurashi naku no koro ni (When the Cicadas Cry) that went on to be a popular anime (originally fansubbed and eventually licensed and distributed). They have since released a new game, Umineko naku no koro ni (When the Seagulls Cry) which is currently being fan translated. The author of the game, Ryuukishi07, heard about it and contacted the unofficial group to personally give them a thumbs up.

Ryuukishi07 has also been contracted to work on scenarios for one of the big visual novel software houses: Key/VisualArt's, so he could have been a real jerk about it. But I think he recognizes that getting his work more exposure does everybody more good in the long run. It certainly didn't hurt his chances to land a professional gig with Key."

Always nice to see someone excited about free fan promotion, rather than freaking out about it. From his (translated) letter:

I did not think that our "Umineko no Naku Koro ni" would be played even by all of you in foreign countries, and I am very surprised.

Also, I am deeply moved by the passion which drove you to translate a tale that long into English.

Thank you for loving "Umineko no Naku Koro ni" so much!

If by your English translation patch, English-speaking people can also enjoy this work, it would make me very pleased.

I believe I will warmly watch over your actions hereafter.
And I would appreciate it if you would continue to enjoy "Umineko no Naku Koro ni".

Great to see someone appreciate the work of fans and their ability to help spread and promote the work, rather than freak out and threaten to sue.

7 Comments | Leave a Comment..

Japanese Group Asks Google To Shut Down Street View

from the public-is-private dept

Apparently a Japanese civilian group, The Campaign Against Surveillance Society, is asking Google to shut down its Street View offering. This is hardly the first time that people have complained about Street View, but, honestly, it's difficult to see how this is a "surveillance" issue or a violation of anyone's privacy. Google is taking photos of public spaces that anyone is free to look at. It's not doing it in real-time or anything. It's just a still photo of a public place that anyone with a camera could take. I can understand people's concerns about growing surveillance or loss of privacy, but efforts to combat those things should focus on areas where there are real threats to privacy -- not a useful service like Google Street View.

29 Comments | Leave a Comment..

Nokia Reportedly Looking To Start Its Own MVNO In Japan

from the so-many-people-think-nokia-is-japanese-anyway... dept

A local report says that Nokia is considering setting up an MVNO in Japan, focused on its high-end Vertu line of handsets. Nokia has a small presence in Japan, making it one place -- along with the US -- where its market share lags badly behind its 40 percent or so global share. It would be surprising to see Nokia make a big move into becoming a virtual operator in any market, given that it sells most of its handsets through operators, and wouldn't want to jeopardize those relationships in any way. However, for its Vertu line, it could be a useful model. Vertu devices aren't your typical mobile phone: they cost upwards of several thousand dollars, and often don't include features common on much cheaper devices. They eschew many technical features in favor of expensive build materials and a concierge service for its deep-pocketed customers. Vertu handsets aren't going to be sold by or subsidized by operators, so Nokia could benefit by bundling service with the device as a virtual operator, making the Vertu brand the only one that has any contact with the customer. Given the small number of devices it sells, operators aren't likely to mind too much. But if Nokia made a bigger grab for the mass market, they'd certainly take exception.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

Leave a Comment..

Imagine If Political Campaigns Couldn't Use The Web... Or Just Look At Japan

from the no-communicating-please dept

While there have been plenty of news stories about how the various political campaigns in the US have been using the internet to get out the vote, Newsweek has a fascinating story about how Japanese election law pretty much bans all use of the internet in campaigning. Once a political campaign is announced, that candidate can't update his website or blog. The only loophole is podcasts (the law doesn't cover audio), but that's hardly enough to make much of a dent. As the article notes, this has helped keep younger, more technically savvy politicians from succeeding when they run for office -- and that's part of the reason why older politicians are perfectly happy with the system the way it exists. It sounds like some are pushing for change, while others are actively defying the ban, but it's apparently quite a different online atmosphere during election season in Japan than elsewhere.

7 Comments | Leave a Comment..

That Was Fast: Woman Arrested For Virtual Murder Of Virtual Husband

from the fantastic dept

Earlier this week, in writing about some kids convicted of theft in the real world, I jokingly asked if we'd soon hear of someone arrested for "murder" for killing a virtual character. Who knew it would happen so fast? Okay, actually, it's not that extreme, but a woman in Japan has been arrested (in real life) for "killing" the avatar of her virtual husband, who had apparently "virtually" divorced her. The charges are not for murder (phew), but illegally accessing his computer. She basically logged in to his account and killed off the character. Of course, you might argue that she didn't do anything illegal, since the guy had given her his password in "happier times" and hadn't changed it. Also, again, this certainly seems like the sort of thing that could (and should) have been taken care of directly in the world. The folks who run the world could easily revive the guy, and kick the woman out of the world. Case closed.

34 Comments | Leave a Comment..

Once Again: People Just Aren't That Interested In Mobile TV

from the no,-really,-we-swear dept

For years and years we've wondered why various companies were spending billions on building mobile TV systems that simply mimic traditional broadcast TV to mobile phones. In an age of time shifting and place shifting there's little reason for a mobile broadcast TV system that's separate from your other ways of accessing television. People don't want to have to buy into a whole different (expensive) mobile subscription service when they already have a cable subscription at home which they can save via their TiVo. And, if they really want to access it on the go, they can just pick up a Slingbox and not have to pay for an entirely separate subscription. But that hasn't stopped billions from being poured into various mobile TV systems, even though pretty much every test shows very little interest in paying for mobile TV.

Of course, sometimes when we talk about this, people tell us that the experiences in Asia -- specifically Korea and Japan -- show that there really is a market for fee-based mobile broadcast TV. Turns out that's not true. A new study in Korea points out that the highly touted mobile broadcast system there gets very, very little usage. In the meantime, Toshiba is backing off plans to offer a fee-based mobile TV subscription service in Japan. So much for those "success" stories.

What's really stunning about this is that it wasn't hard to predict that this would happen years ago, before billions were wasted on such systems. None of this means that video alone isn't an interesting space in the mobile market, but it has to be allowing users to access what video they want -- not taking us back in time to an old live broadcast system, and adding yet another subscription fee for the privilege.

10 Comments | Leave a Comment..

Japanese Gov't Says No (Again) To An iPod Tax

from the how-many-times? dept

Back in 2005, the recording industry in Japan urged the government to create an iPod tax, adding a tax to every iPod (or other digital music player) sold. The idea was that the recording industry wanted to assume that every iPod owner was obviously "stealing" music, and this tax would help pay for the supposedly "lost" revenue. Of course, as we all know, that's a very questionable assumption. An iPod can often make people buy more music, but the recording industry has never been willing to even consider that idea. Luckily, a few months later, the Japanese government rejected the idea.

However, with the recording industry, these things always seem to have a way of popping back up again. And, indeed, there's been another big push this year for Japan to add an iPod tax. Luckily, however, the consumer electronics lobby in Japan is a lot more powerful than the recording industry lobby, and it appears that the iPod tax proposal is dead once again. Of course, it will likely be suggested again next year, but as we start to see more and more business models built on a base of free music, perhaps more people will recognize how unfair (and damaging to the market) an iPod tax would be. It would lower the incentives for people to buy these devices, decrease music consumption habits, and hurt all these other business models.

16 Comments | Leave a Comment..

Japanese ISPs Decide That Criminal Confessions Should Be Blocked Online

from the common-sense-is-dead dept

With various governments pushing for laws that require ISPs to block "objectionable" content, it's not hard to come up with scenarios where that will backfire. Of course, who needs to come up with fictional scenarios when reality will serve up examples on its own. Over in Japan, some mentally disturbed individual used the web to detail how he planned to stab a bunch of people. After he carried out the stabbings, rather than focusing on how such sites can be useful in stopping homicidal maniacs before they kill, the Japanese are focusing on figuring out how they can block such content as "objectionable" so that people can't see it. Is common sense dead? How could it possibly make sense to try to hide the fact that someone is confessing to the crimes they plan to commit before they commit them?

17 Comments | Leave a Comment..

Face Scanning Vending Machine Fooled By Photos

from the like-we-couldn't-see-that-coming dept

Last year, we wrote about how cigarette vending machines in Japan were using facial recognition software to make sure the buyer was of an appropriate age. As we noted at the time, it seemed unlikely that such a system would work very well, and, indeed, The Raw Feed lets us know that it's easily fooled by a magazine photo of an older person. Not too surprising, of course, but you would think that someone would have tested for such things before putting the machines into practice. Unless, of course, they really don't care about the age of the buyers.

14 Comments | Leave a Comment..

Japanese Broadband Caps Compared To US Broadband Caps

from the take-a-look-around dept

With various US broadband firms implementing usage caps sometimes as low as 5GBs/month, we are quite concerned about how these moves will hinder innovation by effectively placing much greater mental transaction costs on using any kind of application online. In defense of these caps, some have pointed out that even Japanese ISPs (sometimes used as an example of a much better broadband system than in the US) are also implementing caps.

Broadband Reports now has the details on some of those caps, and they're much higher than in the US (just like Japan's broadband speeds). The cap is 30 gigs per day of upload. There are no download caps. So, yes, the Japanese caps (that some want to use as an example of why caps are necessary) are many times greater per day than what some US firms want to offer per month -- and it's only for upload, rather than download. Suddenly, I get the feeling we'll be hearing the example of Japanese broadband caps a lot less frequently.

17 Comments | Leave a Comment..

Japan Decides Fair Use Is A Good Thing

from the and-we-agree dept

The entertainment industry in the US has been conducting a worldwide campaign to diminish the concept of "fair use" -- even to the point of accusing other countries that have US-style fair use systems of allowing piracy. However, the campaign appears to have failed in Japan, which does not currently have a "fair use" exception in its copyright law. However, as sent in by Petrea Mitchell, Japan is now adding the concept of fair use to its copyright law, and doing so following the US's own concept of fair use. Does this mean that Japan will soon be added to the bogus watch list of foreign countries that don't respect copyright?

5 Comments | Leave a Comment..