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<title>Techdirt. Stories filed under &quot;japan&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories filed under &quot;japan&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Mon, 17 Jun 2013 22:13:00 PDT</pubDate>
<title>Japan's Prime Minister Mocks TPP Protestors On Facebook</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130610/11401523395/japans-prime-minister-mocks-tpp-protestors-facebook.shtml</link>
<guid>http://www.techdirt.com/articles/20130610/11401523395/japans-prime-minister-mocks-tpp-protestors-facebook.shtml</guid>
<description><![CDATA[ Japan recently agreed to join in the negotiations for the Trans Pacific Partnership (TPP) agreement that has many significant problems, which we've been highlighting for years.  Apparently, Japan's Prime Minister, Shinzo Abe, has no interest in listening to those concerns.  Some TPP protestors showed up at an Abe event in Tokyo, and his response was <a href="http://blogs.wsj.com/japanrealtime/2013/06/10/abes-facebook-post-on-tpp-protestors-causes-a-stir/" target="_blank">to mock and belittle them and their concerns on Facebook</a>.
<blockquote><i>
&#8220;I was touched that so many of you came to Shibuya,&#8221; wrote the prime minister, whose frequent Facebook posts cover everything from a college reunion to a foreign policy debate.  &#8220;There were some leftists with microphones and drums in the audience who tried hard, with hatred, to interrupt our speeches. But I must say that gave us fight. Thank You. A child in front laughed them off, saying &#8216;Quiet!&#8217;  Admirable. Please remember that those are representatives of embarrassing adults.&#8221;
</i></blockquote>
The Facebook post has since been deleted, but it raises serious concerns about how seriously the Japanese government will listen to the widespread concerns about the excessive nature of the TPP.  Making things even more bizarre, when a reporter asked a spokesperson from Abe's office about why the post had been taken down, the person said it hadn't and was still available on his own computer.<br /><br /><a href="http://www.techdirt.com/articles/20130610/11401523395/japans-prime-minister-mocks-tpp-protestors-facebook.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130610/11401523395/japans-prime-minister-mocks-tpp-protestors-facebook.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130610/11401523395/japans-prime-minister-mocks-tpp-protestors-facebook.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>taking-concerns-seriously?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130610/11401523395</wfw:commentRss>
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<item>
<pubDate>Wed, 24 Apr 2013 16:02:00 PDT</pubDate>
<title>Japan The Latest Country To Mistakenly Say Google Is 'Responsible' For Autocomplete Results</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130417/10475822745/japan-latest-country-to-mistakenly-say-google-is-responsible-autocomplete-results.shtml</link>
<guid>http://www.techdirt.com/articles/20130417/10475822745/japan-latest-country-to-mistakenly-say-google-is-responsible-autocomplete-results.shtml</guid>
<description><![CDATA[ Following on similar results in <a href="http://www.techdirt.com/articles/20100928/00334211194/was-a-french-court-correct-in-blaming-google-for-its-google-suggest-suggestions.shtml">France</a> and <a href="http://www.techdirt.com/articles/20110405/03003513781/google-found-liable-autocomplete-suggestions-italy.shtml">Italy</a>, a court in Japan has ridiculously <a href="http://news.cnet.com/8301-1023_3-57579765-93/google-loses-autocomplete-defamation-suit-in-japan/" target="_blank">ordered Google to change its autocomplete results</a> after a guy there got upset that when people searched for his name, one of the autocomplete results involved his name and a criminal act which he did not commit.  As we've explained over and over again, autocomplete is not someone at Google suggesting this is what the guy did, but rather an algorithmic look at <i>what other people are searching for</i>.  Censoring that is silly.  It's censoring factual information.  It is true that the search on those terms leads to an apparently faked document which slandered the guy, but you'd think that any legal action would be targeted <i>at whoever made that site</i>, not at Google.
<br /><br />
And, yet, the court has said that Google must block the truthful display of what people have searched for.
<blockquote><i>
"A situation has been created by which illegally submitted documents can be easily viewed," chief judge Hisaki Kobayashi was quoted as saying by the <a href="http://headlines.yahoo.co.jp/hl?a=20130415-00000091-mai-soci">Mainichi Shimbun newspaper</a>.
</i></blockquote>
It seems bizarre that the response to this is to go after Google instead of whoever created and uploaded the false document. Get rid of that document, by the person who allegedly really slandered the guy, and you likely solve the overall problem, without trying to interfere with Google's algorithms.
<br /><br />
As the article notes, an injunction had been <a href="http://www.techdirt.com/articles/20120326/03475818240/japanese-court-misunderstands-autocomplete-orders-google-to-turn-it-off-to-protect-privacy.shtml">issued earlier</a> in the case, which Google ignored. Also, Google doesn't even run a data center in Japan, so it's unclear how much jurisdiction the Japanese court even has over forcing Google to change its system.
<br /><br />
Either way, it's getting fairly ridiculous to see so many courts blame Google for the fact that it can find stuff that other people did.<br /><br /><a href="http://www.techdirt.com/articles/20130417/10475822745/japan-latest-country-to-mistakenly-say-google-is-responsible-autocomplete-results.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130417/10475822745/japan-latest-country-to-mistakenly-say-google-is-responsible-autocomplete-results.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130417/10475822745/japan-latest-country-to-mistakenly-say-google-is-responsible-autocomplete-results.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-not-how-it-works</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130417/10475822745</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 19 Apr 2013 05:04:40 PDT</pubDate>
<title>Police In Japan Are Asking ISPs To Start Blocking Tor</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130418/17210122754/police-japan-want-isps-to-block-tor.shtml</link>
<guid>http://www.techdirt.com/articles/20130418/17210122754/police-japan-want-isps-to-block-tor.shtml</guid>
<description><![CDATA[ The National Police Agency in Japan is apparently asking ISPs in that country <a href="http://mainichi.jp/english/english/newsselect/news/20130418p2a00m0na013000c.html" target="_blank">to "voluntarily" block the use of Tor</a>, the well-known and widely used system for anonymously surfing the internet.
<blockquote><i>
An expert panel to the NPA, which was looking into measures to combat crimes abusing the Tor system, compiled a report on April 18 stating that blocking online communications at the discretion of site administrators will be effective in preventing such crimes. Based on the recommendation, the NPA will urge the Internet provider industry and other entities to make voluntary efforts to that effect.
</i></blockquote>
This is an extreme and dangerous overreaction.  Yes, some people abuse the anonymity of Tor to do illegal things.  Just as some people abuse the anonymity of cash to do bad things.  But we don't then outlaw cash because of this.  There are many, many reasons why people have good reason to seek out an anonymizing tool like Tor to protect their identity.  What if they're whistle blowing on organized crime or corruption (say) in the police force?  As for the fear that it's being used for criminal activity, that doesn't mean that police cannot identify them through other means.  We've seen time and time again people leave digital tracks in other ways when they're committing crimes.  Yes, it makes life more difficult for police, and it means they have to do actual detective work, but that's what their job is.<br /><br /><a href="http://www.techdirt.com/articles/20130418/17210122754/police-japan-want-isps-to-block-tor.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130418/17210122754/police-japan-want-isps-to-block-tor.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130418/17210122754/police-japan-want-isps-to-block-tor.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>really-now?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130418/17210122754</wfw:commentRss>
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<item>
<pubDate>Thu, 28 Feb 2013 11:56:00 PST</pubDate>
<title>Japanese Law Enforcement Uses New Copyright Law To Arrest 27 File Sharers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130228/10465722152/japanese-law-enforcement-uses-new-copyright-law-to-arrest-27-file-sharers.shtml</link>
<guid>http://www.techdirt.com/articles/20130228/10465722152/japanese-law-enforcement-uses-new-copyright-law-to-arrest-27-file-sharers.shtml</guid>
<description><![CDATA[ Last year, we noted that Japan had put in place ridiculously draconian copyright laws that <a href="http://www.techdirt.com/articles/20120625/03200019461/japan-criminalizes-unauthorized-downloads-making-dvd-backups-maybe-watching-youtube.shtml">criminalized</a> unauthorized downloads, DVD backups and even watching infringing YouTube videos in some cases.  And, of course, what good is a law if it's not used?  So, Japanese law enforcement apparently went on a big raid, <a href="http://torrentfreak.com/japanese-police-arrest-27-file-sharers-in-nationwide-show-of-force-130228/?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">searching 124 locations and arresting 27 people</a>.  Those arrested may face between two and ten years in jail, because that's a reasonable punishment for sharing something.  I don't see how this makes anyone respect copyright any more, or gives anyone any additional incentive to support the legacy players who are using this system to put fans in jail.<br /><br /><a href="http://www.techdirt.com/articles/20130228/10465722152/japanese-law-enforcement-uses-new-copyright-law-to-arrest-27-file-sharers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130228/10465722152/japanese-law-enforcement-uses-new-copyright-law-to-arrest-27-file-sharers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130228/10465722152/japanese-law-enforcement-uses-new-copyright-law-to-arrest-27-file-sharers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>lock-'em-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130228/10465722152</wfw:commentRss>
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<item>
<pubDate>Tue, 5 Feb 2013 07:37:07 PST</pubDate>
<title>Japanese Government To Start Seeding P2P Networks With Faux Files Containing Copyright Warnings</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130204/16045221880/japanese-government-to-start-seeding-p2p-networks-with-faux-files-containing-copyright-warnings.shtml</link>
<guid>http://www.techdirt.com/articles/20130204/16045221880/japanese-government-to-start-seeding-p2p-networks-with-faux-files-containing-copyright-warnings.shtml</guid>
<description><![CDATA[ Late last year, Japan instituted some of the more draconian anti-piracy laws to hit the books, making unauthorized downloading a <a href="http://www.techdirt.com/articles/20120625/03200019461/japan-criminalizes-unauthorized-downloads-making-dvd-backups-maybe-watching-youtube.shtml" target="_blank">criminal offense</a> (along with backing up DVD content), punishable by up to two years in prison or fines of $21,000 (two million yen). Apparently, this deterrent isn't having the desired effect. (Or maybe it is -- <a href="http://www.techdirt.com/articles/20121109/13423720996/draconian-downloading-law-japan-goes-into-effect-music-sales-drop.shtml" target="_blank">legitimate downloading is down</a>, suggesting people might be too scared to download from approved sources.) Either way, the government, in conjunction with various members of the concerned industries, has taken things a bit further, <a href="http://en.rocketnews24.com/2013/02/05/japanese-government-and-industries-battle-copyright-infringement-by-hiding-strongly-worded-letters-on-p2p-networks/" target="_blank">seeding warning messages in various P2P networks</a>.
<blockquote>
<i>On 25 January, Japan's Ministry of Internal Affairs and Communications along with various motion picture and music associations announced their latest copyright protection measure, dubbed &ldquo;Operation Decoy File.&rdquo;</i><br />
<br />
<i>The plan involves inserting files onto Japan's popular P2P (peer-to-peer) file sharing networks such as Winny and Share which appear to contain popular copyrighted material. However, once downloaded, the file is revealed to be a message appealing the user to reconsider their wicked ways.</i></blockquote>
This isn&#39;t altogether unusual. Record labels have uploaded faux files to these networks for years -- one of the most famous examples being Madonna's <a href="http://www.techdirt.com/articles/20030417/1013232.shtml" target="_blank">sweary upload</a> that asked would-be infringers just what the fuck they thought they were doing. Others have operated in a grayer area, purposefully <a href="http://www.techdirt.com/articles/20090826/0033215996.shtml" target="_blank">uploading files</a> solely to track and eventually sue downloaders.<br />
<br />
But this is rather novel: instead of the file they were expecting, the person receives the sort of warning most people wish they could skip past on their purchased DVDs.
<blockquote>
<i>A Warning from the Organization to Raise Awareness of Copyright</i><br />
<br />
<i>Files with the same name as this contain content which is in violation of copyright when distributed over P2P networks such as Winny or Share.</i><br />
<br />
<i>Knowingly downloading and of course uploading files that are protected by copyright law without the consent of the owner over the Internet is illegal copyright infringement. Please stop immediately.</i><br />
<br />
<i>Also, from 1 October 2012, downloading content which is known to be available for sale is punishable by a maximum 2-year prison sentence and/or 2,000,000 yen[US$21,000] fine.</i><br />
<br />
<i>Our copyright organization is working to eliminate copyright infringement by file sharing software. In addition to consulting the police to obtain the disclosure of user's identities, we want to focus on user education.</i></blockquote>
The Ministry of Internal Affairs and Communications has also crafted this charming representation of how the warning system will work, painting itself a very rosy picture of faceless file sharers stopping dead in their tracks rather than viewing the unwelcome warning as some sort of dare. (Translation courtesy of Rocket News. <a href="http://www.soumu.go.jp/main_content/000196062.pdf" target="_blank">Original Japanese version here. [PDF]</a>)<br />
&nbsp;
<center>
<p>
<a href="http://en.rocketnews24.com/2013/02/05/japanese-government-and-industries-battle-copyright-infringement-by-hiding-strongly-worded-letters-on-p2p-networks/" target="_blank"><img alt="" src="http://i.imgur.com/NgrUoKe.jpg" style="width: 500px; height: 373px;" /></a></p>
</center>
<p>
<br />
Japanese P2Pers have been discussing this new tactic and attempting to track down warning files in order to suss out any noticeable differences between it and the file it&#39;s supposed to be. (Yes, I know. One will be a warning and the other will be an actual piece of entertainment. But noticeable in terms of search results...)<br />
<br />
<a href="http://www.soumu.go.jp/menu_news/s-news/anti-piracyefforts201301-02.html" target="_blank">The Ministry's statement indicates that this new warning system is only a test</a>, albeit one that will stick around if there's any noticeable downturn in file sharing. Rocket News reports that some members of free-for-all discussion forum (and inspiration for 4chan) <a href="http://en.wikipedia.org/wiki/2channel" target="_blank">2 Channel</a> [2ch] are taking this to mean that the government may be considering uploading virus-tainted files to the various networks. As tempting as that may seem to some of the more vindictive members of the copyright industry, it's highly doubtful the Japanese government would be willing to brick computers to deter file sharing, draconian IP laws or no.
</p><br /><br /><a href="http://www.techdirt.com/articles/20130204/16045221880/japanese-government-to-start-seeding-p2p-networks-with-faux-files-containing-copyright-warnings.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130204/16045221880/japanese-government-to-start-seeding-p2p-networks-with-faux-files-containing-copyright-warnings.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130204/16045221880/japanese-government-to-start-seeding-p2p-networks-with-faux-files-containing-copyright-warnings.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>if-going-to-jail-doesn't-deter-you,-maybe-some-ANGRY-TYPING-will</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130204/16045221880</wfw:commentRss>
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<item>
<pubDate>Tue, 5 Feb 2013 00:09:56 PST</pubDate>
<title>Japan Wonders Whether It Is Worth Joining TPP Negotiations After All</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130203/03172421865/japan-wonders-whether-it-is-worth-joining-tpp-negotiations-after-all.shtml</link>
<guid>http://www.techdirt.com/articles/20130203/03172421865/japan-wonders-whether-it-is-worth-joining-tpp-negotiations-after-all.shtml</guid>
<description><![CDATA[ <p>The Trans-Pacific Partnership (TPP) agreement began as a cosy treaty between just three nations: <a href="https://en.wikipedia.org/wiki/Trans-Pacific_Strategic_Economic_Partnership">Chile, New Zealand and Singapore</a>.  But once the US joined in 2010, this small-scale partnership suddenly became something much more significant.  <a href="http://www.ustr.gov/about-us/press-office/press-releases/2009/december/trans-pacific-partnership-announcement">As USTR Ron Kirk put it in a press release at the time</a>:

<i><blockquote>The development of our negotiating positions will be a collaborative effort with elected leaders and stakeholders here at home, in order to shape an eventual Trans-Pacific Partnership Agreement that is a new kind of trade agreement for the 21st century, bringing home the jobs and economic opportunity we want all our trade deals to deliver.</blockquote></i>

That "new kind of trade agreement" began to take shape as other major Pacific rim countries signed up: first Australia, Peru, and Vietnam, then Malaysia.  More recently, Canada and Mexico have joined, albeit as junior partners with <a href="https://www.techdirt.com/articles/20120618/15271219371/us-invites-mexico-canada-to-join-tpp-negotiations-with-less-power.shtml">diminished negotiating powers</a>.  Another important player in the region that has expressed an interest in participating is Japan.  But it seems that <a href="http://www.yomiuri.co.jp/dy/national/T130201004223.htm">domestic politics may well scupper that plan</a>:

<i><blockquote>Prime Minister Shinzo Abe is facing challenges in handling the issue of Japan's participation in the talks for the Trans-Pacific Partnership free trade framework.
<br /><br />
While Abe hopes to express willingness to take part in the talks during a summit with U.S. President Barack Obama set for late this month, he is still wavering on the issue due to strong opposition from within his own Liberal Democratic Party [LDP].</blockquote></i>

Here's where the problem lies:

<i><blockquote>A strong backlash, however, is expected from some LDP members who are concerned the party will lose votes from agriculture-related sectors if Abe announces Japan's bid to join the talks.</blockquote></i>

That's not really surprising; after all, in the same press release quoted above Kirk states quite bluntly:

<i><blockquote>USTR will now intensify consultations with Congress and with American stakeholders to develop objectives for the Trans-Pacific Partnership agreement negotiations, in order to enter already-scheduled talks in March with a robust U.S. view that seeks the highest economic benefit for America's workers, farmers, ranchers, manufacturers, and service providers, and that reflects our shared values on labor, the environment, and other key issues</blockquote></i>

But if US farmers and ranchers gain "the highest economic benefit", it's quite likely that those in the agricultural sector in the other TPP countries will lose out -- precisely what Japan's LDP members fear.  Of course, the standard line is that free trade agreements are great because <i>everyone</i> gains, but the reality is not so rosy.  Indeed, <a href="https://www.citizen.org/prosperity-undermined">even the US has been suffering overall in the case of the recent FTA with South Korea</a>, which is being held up as a model for future treaties:

<i><blockquote>In the first eight months of the U.S. Free Trade Agreement (FTA) with Korea, implemented in March 2012, U.S. goods exports to Korea fell by nine percent (a decrease of more than $2.5 billion) in comparison to 2011 levels for the same months. Ironically, some of the biggest downfalls in U.S. exports occurred in the automotive and meat industries -- the two sectors that the Obama administration had promised would experience export growth under the deal. The decline in U.S. exports under the FTA brought a 21 percent increase in the U.S. trade deficit with Korea, in comparison to the same period in 2011. Using the same ratio employed by the Obama administration, this trade deficit expansion implies the net loss of over 16,000 U.S. jobs under just the first several months of the Korea FTA.</blockquote></i>

Given the fact that the US economy has already been damaged by this recent FTA, the fears in Japan that its agricultural industry will be hit, the many concerns about TPP's investor-state dispute mechanism, plus its negative impact on online freedom and access to medicines, the question has to be: why bother with an overly-complicated, secretive treaty whose risks are many and real, while the gains seem few and uncertain?
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20130203/03172421865/japan-wonders-whether-it-is-worth-joining-tpp-negotiations-after-all.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130203/03172421865/japan-wonders-whether-it-is-worth-joining-tpp-negotiations-after-all.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130203/03172421865/japan-wonders-whether-it-is-worth-joining-tpp-negotiations-after-all.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>as-everyone-should</slash:department>
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</item>
<item>
<pubDate>Thu, 20 Dec 2012 11:04:42 PST</pubDate>
<title>Japanese Police Arrest 2Channel Founder Because Users Talk About Illegal Stuff Occasionally</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20121220/09581721452/japanese-police-arrest-2channel-founder-because-users-talk-about-illegal-stuff-occassionally.shtml</link>
<guid>http://www.techdirt.com/articles/20121220/09581721452/japanese-police-arrest-2channel-founder-because-users-talk-about-illegal-stuff-occassionally.shtml</guid>
<description><![CDATA[ As we wrap up 2012, I think it's an appropriate time announce the first annual "Most Incorrect Law Enforcement Action Of The Year" award (yes, I just made that up). While it would be obvious hyperbole to claim that law enforcement in general is somehow inept or evil, it's been a hallmark year for silly LEOs. We once again saw several countries attempt to make it illegal for citizens <a href="http://www.techdirt.com/articles/20121019/02210720759/spanish-govt-wants-to-make-it-crime-to-photograph-cops.shtml">to film</a> police in action, despite such filming often occurring in public places. We also discussed how the German government <a href="http://www.techdirt.com/articles/20121009/08281520662/german-govt-inadvertently-reveals-police-monitor-gmail-skype-facebook-use-snooping-malware.shtml">whoopsie'd</a> its way into informing the world of all the ways it monitors its citizens. Seriously, if you're going to go all 1984 on us, at least have the capability to not shove it in my face. These are just a few examples we've seen this year.
<br /><br />
That said, for the truly deficient aficionado, you just can't beat the Japanese police, <a href="http://www.japanprobe.com/2012/12/20/police-to-charge-2channel-founder-over-drug-related-forum-post-from-2010/">who recently announced charges against the founder of 2Channel</a> (the super popular Japanese forum site), named Hiroyuki Nishimura, because some users of the site have been found to discuss illicit narcotics. And it all appears to have stemmed from one nonsense news report on one single little 2Channel post.
<blockquote>
<i>Since last year 2channel, Japan&rsquo;s largest internet forum, has been subject to pressure from Tokyo police. According to a January 2012 post by Avery (2channel Fights Police Pressure, So-Called &ldquo;Viral Marketers&rdquo;), the whole police investigation began after Fuji TV aired a sensational news report about drug dealers making posts on the site. The news report was aired only a few days after 2channel users helped organize street protests condemning Fuji TV&rsquo;s alleged anti-Japanese bias.</i>
<br /><br />
<i>"Their evidence for the drug trade was a single post from 2010 that used code words to refer to MDMA, marijuana, and cocaine&hellip;.investigators are calling 2ch a &ldquo;hotbed of crime&rdquo; because moderators did not delete the single post from 2010. (Over 1,800,000 posts are made on 2channel every day.)"</i>
</blockquote>
So, let's get the obvious stuff out of the way, because then we can <i>really</i> have fun. 2Channel is Japan's largest internet forum. It's <i>huge</i>. Policing every post on it would be similar to owners of a private beach checking each individual grain of sand on their property. If such forums are going to exist, forum operators need to be protected from these kinds of charges in order to survive. On top of that, just as with Craigslist, dedicated law enforcement officers should be able to make at least some <a href="http://www.techdirt.com/articles/20100503/1100119284.shtml">use</a> of the forums themselves for their own activities, but not if they attack the site's owners.
<br /><br />
Great, the normal stuff out of the way. Now let me explain why these charges are <i>really</i> stupid.
<blockquote>
<i>Nishimura will be charged with abetting drug dealing. However, some twitter users have pointed out that the statute of limitations for the drug law in question is 3 years, and Nishimura sold 2channel more than 3 years ago.</i>
</blockquote>
Oops. So charges are being brought against the guy who simply founded the site that someone else may have once used to talk about something illegal, even though he sold the site 3 years ago and the statute of limitations has expired. I'm certain Unites States LEOs will soon be bringing charges against the long-rotting corpse of E.L. Cord, founder of American Airlines, since terrorists used a plane of his to attack the World Trade Center. I mean, they really have no choice at this point, assuming they want to make a late entry into this year's "Most Incorrect Law Enforcement Action Of The Year" award.<br /><br /><a href="http://www.techdirt.com/articles/20121220/09581721452/japanese-police-arrest-2channel-founder-because-users-talk-about-illegal-stuff-occassionally.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121220/09581721452/japanese-police-arrest-2channel-founder-because-users-talk-about-illegal-stuff-occassionally.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121220/09581721452/japanese-police-arrest-2channel-founder-because-users-talk-about-illegal-stuff-occassionally.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>here's-your-award</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121220/09581721452</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 12 Nov 2012 07:20:49 PST</pubDate>
<title>Draconian Downloading Law In Japan Goes Into Effect... Music Sales Drop</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121109/13423720996/draconian-downloading-law-japan-goes-into-effect-music-sales-drop.shtml</link>
<guid>http://www.techdirt.com/articles/20121109/13423720996/draconian-downloading-law-japan-goes-into-effect-music-sales-drop.shtml</guid>
<description><![CDATA[ For years, we've pointed out that some in the music industry get so obsessed with "stopping piracy" that they miss the fact that their main job should be to <i>increase revenue</i>. They make the huge mistake of assuming that the two things are the same -- and that "stopping piracy" automatically leads to "increased revenue."  Yet, almost every time that issue is explored empirically (over time), it doesn't seem to hold up.  The latest example was sent in by Techdirt reader <a href="http://www.techdirt.com/user/edinjapan">edinjapan</a>, and it concerns the <a href="http://www.techdirt.com/articles/20120625/03200019461/japan-criminalizes-unauthorized-downloads-making-dvd-backups-maybe-watching-youtube.shtml">new draconian anti-piracy laws</a> that recently went into effect there.  If you believed the basic theory behind this law, this would mean that greater enforcement by police would mean less piracy... and a massive influx in revenue.
<br /><br />
Except, the reality is that <a href="http://www.japantoday.com/category/national/view/a-month-after-download-law-consumers-spending-less-on-music-survey?utm_campaign=jt_newsletter&#038;utm_medium=email&#038;utm_source=jt_newsletter_2012-11-07_AM" target="_blank">consumers are spending less on music</a> than they were before the bill became law.  The article actually posits that the government has made some people so fearful of being arrested that they <i>won't do any downloading from legitimate sources</i> any more -- just in case it's tainted.  So even if they can cut out piracy (doubtful) there's little evidence to suggest much increase in commerce as a result.<br /><br /><a href="http://www.techdirt.com/articles/20121109/13423720996/draconian-downloading-law-japan-goes-into-effect-music-sales-drop.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121109/13423720996/draconian-downloading-law-japan-goes-into-effect-music-sales-drop.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121109/13423720996/draconian-downloading-law-japan-goes-into-effect-music-sales-drop.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>what-a-non-surprise</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121109/13423720996</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 17 Oct 2012 05:39:17 PDT</pubDate>
<title>Bug In Kobo's Online Store Offers Up Random eBook Prices [Update]</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121015/18261220711/bug-kobos-online-store-offers-up-random-ebook-prices.shtml</link>
<guid>http://www.techdirt.com/articles/20121015/18261220711/bug-kobos-online-store-offers-up-random-ebook-prices.shtml</guid>
<description><![CDATA[ <b>UPDATE</b>: Cerys from Kobo has responded with further details on the pricing bug and what Kobo is doing to rectify the situation:
<blockquote>
<i>A bug in our online system resulted in a small group of US-based customers being offered international pricing instead of their in-country pricing. In the large majority of cases, there was no price difference, but for some books where publishers set two different prices, the international one was displayed. This issue has now been resolved. We will be working directly with those customers affected over the next month to examine their accounts and provide them with a refund should it be owed. We will be contacting affected customers directly, but in the meantime if anyone has any questions related to their account, we ask that they please call our Support Line at 1-855-732-3662.&nbsp;</i>
</blockquote>
Canadian ereader manufacturer Kobo hasn&#39;t really endeared itself to its customers in recent months. A few months ago, it botched the debut of its Kobo Touch ereader in Japan, falling well short of the promised 30,000 launch titles. In addition, its desktop software tended to turn new ereaders into shiny bricks. As the complaints mounted, Kobo&#39;s parent company, Rakuten, decided the best course of action was to <a href="http://www.techdirt.com/articles/20120725/18313519835/manufacturer-buggy-kobo-touch-e-reader-manages-customer-complaints-hiding-all-online-reviews.shtml" target="_blank">hide all online reviews</a>.<br />
<br />
A new set of issues has arisen, this time centered around Kobo&#39;s ebook store. eBook prices at Kobo seem to be strangely liquid, responding to stimuli only known to Kobo itself. The Digital Reader <a href="http://www.the-digital-reader.com/2012/10/03/why-is-kobo-price-gouging-some-customers-but-not-others#.UHy7gsXA-Ro" target="_blank">dragged these pricing inconsistencies out into the open earlier this month</a>. While holding off absolute judgement until more data was in, Nate Hoffelder took time to point out the mutating prices, which bizarrely <i>increased</i> for many logged in customers.
<blockquote>
<i>While some retailers like Amazon like to selectively discount prices in order to get you in the door, other sites like Kobo prefer to jack up the prices charged to their regular customers.</i></blockquote>
<blockquote>
<i>Earlier today Mike Cane hooked me up with a friend of his on Twitter. <a href="https://twitter.com/RevBobMIB" target="_blank">@RevBobMIB</a> was browsing the Kobo eBookstore this morning when he noticed something odd. The pricing seemed strangely inconsistent, and after checking the price of the ebook mentioned above he discovered a fascinating secret about Kobo.</i></blockquote>
<blockquote>
<i>As you can see in <a href="http://twitpic.com/b0n4k8" target="_blank">this screenshot</a> and <a href="http://twitpic.com/b0n4k1" target="_blank">this screenshot</a>, Kobo offers some of their customers a lower price than the price offered to other customers. Here is a composite, and please note that I have seen these prices as well:</i></blockquote>
<center>
<img alt="" src="http://i.imgur.com/iSJzw.png" style="width: 449px; height: 314px; " /></center>
<p>
<br />
Hoffelder pointed out that prices may vary in different markets and some price fluctuation is normal, depending on geographic location. But Kobo&#39;s inexplicable price shifts aren&#39;t related to market or geographic variances.
<blockquote>
<i>Kobo is changing the prices shown to a single customer, browsing from a single computer, getting online from a single IP address.</i></blockquote>
This post generated plenty of response, including some commenters raising the theory that this was possibly a database bug and not Kobo attempting to draw in new customers with low prices while making up the difference by gouging returning customers.<br />
<br />
After exchanging some emails with a Kobo programmer, <a href="http://www.the-digital-reader.com/2012/10/15/kobo-price-gouging/#.UHy8LMXA-Ro" target="_blank">Hoffelder was able to draw out the real story</a>.
<blockquote>
<i>A lot has happened in the couple weeks since I reported that story. After exchanging a few emails with a Kobo programmer it became clear that this was not a simple bug, nor was it a consistent one. While I still don&rsquo;t know how the bug works I do know that the simple and obvious solutions don&rsquo;t fix it.</i><br />
<br />
<i>And oh yeah, the bug is still happening today.</i></blockquote>
So, not a "feature," but a bug. This clears Kobo of any ill will towards its most loyal customers, at least in terms of pricing. But, it hardly clears Kobo of any wrongdoing in terms of customer service. Digging into this a bit more, Hoffelder found evidence that this bug had been adjusting prices for <i>at least</i> a month:
<blockquote>
<i>My earliest confirmed report comes from <a href="http://www.mobileread.com/forums/showthread.php?p=2217946#post2217946" target="_blank">MobileRead</a>, and it is dated 10 September:</i><br />
<br />
<i>Is anyone else getting different prices on the checkout page? For instance, I want to get &ldquo;Catching Fire&rdquo; and it&rsquo;s listed at $5.99. I click on the &ldquo;buy now&rdquo; button and the price jumps to $11.97. I contact Kobo&rsquo;s customer service and they said that I should be logged in as to get the correct pricing. I log in and the same thing happens. I contacted them again, and they told me that the correct price is $11.97. But it&rsquo;s still listed at $5.99?? Any ideas??</i></blockquote>
<blockquote>
<i>So Kobo has had this bug on their website for at least a month. As bad as that sounds the actual situation is very likely worse.</i></blockquote>
Some input from readers suggested the problem has been around for much longer than that. "Unverified reports" date the bug back as far as December 2011, and that Kobo customer service has known about the issue for at least 6 months.<br />
<br />
Another report pulled from MobileRead (from <a href="http://www.mobileread.com/forums/showthread.php?p=1964773#post1964773" target="_blank">February 2012</a>) mentions something that sounds quite a bit like the price bug, but one that the purchaser didn&#39;t notice until it was too late.
<blockquote>
<i>Oh I had a similar issue. The price of the ebook I bought was much more lower on the website than what I was charged for on my credit card, that took a few weeks to resolve as well. They gave me a credit for the difference, but I did phone them about 4-5 times and emailed them at least once a week.</i></blockquote>
And then there&#39;s this, dating all the way back to <i>December 2011</i>.
<blockquote>
<i>When I go to the Kobo store I will see a book for $7.99 but when I log in the price updates to $8.99. Is this because the default price is in $US but when I log in using my Canadian they update to $CDN? I&rsquo;m just wondering.</i></blockquote>
This doesn&#39;t bode well for Kobo&#39;s already-shaky customer service track record. A bug that alters prices <i>not only</i> during log in/log out but <i>also</i> during the actual checkout process isn&#39;t the sort of thing that should go unfixed for a month, much less (possibly) the greater part of the year. (Speaking of the checkout process, there&#39;s no verification screen during the purchase process. Once your purchase information is entered and the customer clicks "Buy Now," there&#39;s no turning back, and no way to verify the price is correct before it&#39;s charged to their card.) But Kobo seems very uninterested in providing even adequate customer service.
<blockquote>
<i>Based on my own experiences, the 2 readers who claim they contacted Kobo customer service are very likely telling the truth. I have seen in the past <a href="http://www.the-digital-reader.com/2012/01/05/do-your-kobo-epubs-still-look-like-crap/" target="_blank">at least one occasion</a> where Kobo customer service got a complaint from a customer, responded, but appeared to not have forwarded the complaint to the relevant party inside the company who could have fixed the error.</i></blockquote>
<blockquote>
<i>Speaking of Kobo&rsquo;s questionable customer service, there was a period of at least 3 months last year where Kobo gave out this blog as the warranty repair site for the Slick ereaders. I <a href="http://www.the-digital-reader.com/about/contact/#comment-26361" target="_blank">kid</a> you <a href="http://www.the-digital-reader.com/about/contact/#comment-23495" target="_blank">not</a>.</i><br />
<br />
<i>I know a number of people will step forward to defend Kobo, but I&rsquo;m not sure how. A month-long bug which over-charges some readers is indefensible. Customer service dept failing to forward a bug report is indefensible.</i></blockquote>
If you want customers, especially loyal ones who will increase your market through word-of-mouth, the worst thing you can do is subject them to ineffective customer service and a roulette wheel masquerading as a pricelist. There are still plenty of happy Kobo customers, but I wouldn&#39;t expect that number to grow anytime soon. And with this parade of <a href="http://www.the-digital-reader.com/2011/10/11/kobo-and-the-inconsistent-touch-screen/" target="_blank">misdeeds</a> and <a href="http://www.the-digital-reader.com/2012/10/05/its-official-kobo-screwed-up-the-launch-of-the-kobo-mini-kobo-glo/" target="_blank">miscues</a> swiftly becoming the public face of Kobo, I fully expect that first group&#39;s numbers to start shrinking.
</p><br /><br /><a href="http://www.techdirt.com/articles/20121015/18261220711/bug-kobos-online-store-offers-up-random-ebook-prices.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121015/18261220711/bug-kobos-online-store-offers-up-random-ebook-prices.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121015/18261220711/bug-kobos-online-store-offers-up-random-ebook-prices.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>now-featuring-our-famous-'whatever'-pricing!</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121015/18261220711</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 14 Sep 2012 11:04:00 PDT</pubDate>
<title>Will ACTA Ever Be A Real Treaty?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120913/10410120375/will-acta-ever-be-real-treaty.shtml</link>
<guid>http://www.techdirt.com/articles/20120913/10410120375/will-acta-ever-be-real-treaty.shtml</guid>
<description><![CDATA[ With the EU Parliament <a href="http://www.techdirt.com/articles/20120704/07533019579/european-parliament-declares-its-independence-european-commission-with-massive-rejection-acta-now-what.shtml">rejecting ACTA</a> over the summer, and the Japanese legislature doing a <a href="http://www.techdirt.com/articles/20120906/02341020292/japan-rams-acta-through-ratifies-it-while-avoiding-debate.shtml">drive-by ratification</a>, there are some legitimate questions as to whether or not <a href="http://www.ip-watch.org/2012/09/13/acta-will-it-ever-become-a-valid-international-treaty/?utm_source=twitterfeed&#038;utm_medium=twitter&#038;utm_campaign=Feed%3A ip-watch %28Intellectual Property Watch%29" target="_blank">ACTA will ever become a real, valid international treaty</a>.  Without the EU's support, it's a hell of a lot less likely, certainly.  I'd been joking that it was beginning to look like it's going to become an agreement between the US... and Morocco, but the actual process to make ACTA official requires six participants to have "ratified" it.  While a bunch of countries have signed, that's still a step short of ratification.  And, to date, only Japan has done so (though there are arguments over whether or not the US needs Congressional approval for ratification).  Monika Ermert, over at IP-Watch, details the current situation.  Here's a snippet:
<blockquote><i>
With an apparent stalemate between the US administration and legislators about ratification procedures and the European Union out after the Parliament voted against the agreement, it looks as if there is still an uphill battle to get to reach that number.
<br /><br />
Besides the EU and Japan, seven governments have signed ACTA (Australia, Canada, Morocco, New Zealand, Singapore, South Korea and the United States). Switzerland has not signed nor ratified.
<br /><br />
&#8220;Not much is happening on the Canadian front,&#8221; wrote Michael Geist, Canada Research Chair of Internet and E-commerce Law at the University of Ottawa and long-time ACTA observer. &#8220;Canada signed ACTA, but has not ratified. Ratification would likely require some legislative amendments,&#8221; Geist said, and until those changes are introduced the country would not be positioned to ratify. There may be, according to Geist, linkage between ACTA and CETA (the Canada-EU Trade Agreement) under negotiation.
<br /><br />
Britton Broun, media advisor of the Economic Group in the Ministry of Business, Innovation and Employment of New Zealand, responded to Intellectual Property Watch by saying: &#8220;While New Zealand has signed ACTA, the government has not yet taken a decision on its ratification.&#8221;
</i></blockquote> 
As we've discussed, Australia's Parliament has already recommended <a href="http://www.techdirt.com/articles/20120628/01500619519/another-one-bites-dust-australian-parliament-committee-recommends-rejecting-acta.shtml">rejecting</a> ACTA, and it appears that ratification has stalled out there as well.  Ermert suggests that really the only way that ACTA might reach the necessary levels of ratification will be if other countries follow Japan's method of approval -- by which they effectively sneak it through.
<br /><br />
Along those lines, her report confirms what we'd heard about how the ruling party in Japan effectively got ratification without actually bothering to allow the opposition to take part:
<blockquote><i>
But on 31 August, a committee of the House of Representatives, and on 6 September, the full House of Representatives pushed ACTA through, each time counting only the votes of the ruling party.
<br /><br />
&#8220;To ratify an international treaty without the attendance of all opposition parties means a collapse of democracy in Japan,&#8221; warned Suzawa.
</i></blockquote>
While ACTA hasn't received that much attention in Japan, allowing the government to get away with such shenanigans, it seems likely that any attempt to do something similar elsewhere would be met with more widespread resistance.  In other words, it seems unlikely that enough countries will actually get around to ratifying ACTA -- though we should never underestimate the tricks that lobbyists and diplomats will pull to try to shove this ugly pig over the finish line.<br /><br /><a href="http://www.techdirt.com/articles/20120913/10410120375/will-acta-ever-be-real-treaty.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120913/10410120375/will-acta-ever-be-real-treaty.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120913/10410120375/will-acta-ever-be-real-treaty.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>might-be-tough</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120913/10410120375</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 13 Sep 2012 17:00:00 PDT</pubDate>
<title>DailyDirt: Robot Farmers</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20120730/07111819882/dailydirt-robot-farmers.shtml</link>
<guid>http://www.techdirt.com/articles/20120730/07111819882/dailydirt-robot-farmers.shtml</guid>
<description><![CDATA[ Just like any other business-people, <a href="http://www.techdirt.com/articles/20120320/04562818170/high-tech-cows-open-source-farm-equipment-yes-economics-farming-is-relevant.shtml">farmers</a> face the global economy, armed with technological advances and innovative strategies to target customers. If farmers don't invest in new tools and learning skills like genetics and marketing, they risk falling behind their competition. Robots are already a pretty significant part of modern farming nowadays, and here are just a few interesting links on robots doing our agricultural bidding.

<ul>

<li> <a title="http://www.npr.org/blogs/thesalt/2012/05/16/152819257/from-science-fiction-to-fact-robots-are-coming-to-a-farm-near-you" href="http://n.pr/RJPSIf">Robots are good at tasks that are dull, dirty or dangerous -- so they can be useful for all kinds of farming.</a> Robots are helping dairy farmers to milk cows, and robots can plant and harvest fields -- but human farmers won't be completely replaced just yet. [<a href="http://www.npr.org/blogs/thesalt/2012/05/16/152819257/from-science-fiction-to-fact-robots-are-coming-to-a-farm-near-you">url</a>]</li>

<li> <a title="http://www.suasnews.com/2011/11/10010/flying-farming-robots/" href="http://bit.ly/P3wK3J">Flying, lightweight agricultural robots could help monitor crops and spray herbicides more intelligently.</a> Zapping bugs from a remote-controlled quadcopter sounds like it could be a better game than Farmville. [<a href="http://www.suasnews.com/2011/11/10010/flying-farming-robots/">url</a>]</li>

<li> <a title="http://www.telegraph.co.uk/technology/news/8996505/Japan-to-open-robot-farm-in-tsunami-disaster-zone.html" href="http://bit.ly/TtPhw0">Japan's Ministry of Agriculture is experimenting with a robot farm project in a 600 acre that was devastated by a tsunami.</a> Over 59,000 acres farmland were damaged by the earthquake, flooding and nuclear fallout from the Fukushima Daiichi nuclear plant, but robots could help clean up and revive agriculture in northeast Japan. [<a href="http://www.telegraph.co.uk/technology/news/8996505/Japan-to-open-robot-farm-in-tsunami-disaster-zone.html">url</a>]</li>

</ul>

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a>.<br /><br /><a href="http://www.techdirt.com/articles/20120730/07111819882/dailydirt-robot-farmers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120730/07111819882/dailydirt-robot-farmers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120730/07111819882/dailydirt-robot-farmers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120730/07111819882</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 6 Sep 2012 03:27:16 PDT</pubDate>
<title>Japan Rams ACTA Through; Ratifies It While Avoiding Debate</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120906/02341020292/japan-rams-acta-through-ratifies-it-while-avoiding-debate.shtml</link>
<guid>http://www.techdirt.com/articles/20120906/02341020292/japan-rams-acta-through-ratifies-it-while-avoiding-debate.shtml</guid>
<description><![CDATA[ We heard some rumblings out of Japan over the weekend that the ruling party was seeking to ram ACTA through the ratification process there.  This wasn't a huge surprise.  Japan was actually a key player in the formation of ACTA at the very beginning, and it was where the first official "signings" all took place.  Japan has been pushing for exceptionally strict copyright laws and ACTA was supposed to help spread such laws further around the globe.  Already, we've seen the country <a href="http://www.techdirt.com/articles/20120625/03200019461/japan-criminalizes-unauthorized-downloads-making-dvd-backups-maybe-watching-youtube.shtml">criminalize</a> unauthorized downloads and making DVD backups... leading to a publishing exec facing <a href="http://www.techdirt.com/articles/20120723/08100319796/publishing-execs-arrested-face-jail-time-because-book-tells-people-how-to-back-up-dvds.shtml">jail time</a> for offering a book that tells people how to back up their DVDs.
<br /><br />
About a month ago, the upper house of the Japanese legislature passed ACTA, as the first step in ratifying it.   Some had thought that ACTA might stall out as a minor issue while other political turmoil went on, but it appears that Japan's ruling party has decided to push forward with the ratification.  Last week, the Foreign Affairs Committee within the legislature <a href="https://whyweprotest.net/community/threads/acta-passes-in-japan-9-9-rally-to-be-held.104966/" target="_blank">tried to push through ACTA</a> without allowing any discussion from opposing politicians -- which caused a ruckus, leading to a slight delay.  However, after a few days, the committee passed it anyway.  The ruling party then sought to do something similar, rushing it through a full vote, which appears to have just happened, <i>resulting in ACTA's approval</i> with effectively no real debate.  In fact, it was mostly a non-story in Japan.  It wasn't covered by the press and most politicians were basically silent about it.
<br /><br />
This is fairly incredible, given the widespread protests we saw towards ACTA in Europe and a <a href="https://www.eff.org/deeplinks/2012/08/copyright-japan" target="_blank">rapidly growing protest movement</a> in Japan.  Still, the protestors admit that ACTA just hasn't caught on as an issue in Japan like it has elsewhere.  That's unfortunate for a variety of reasons, but they're hoping to change that with a protest on September 9th.
<br /><br />
Of course, there's a question of how useful is it to ratify ACTA when many of the other negotiating parties (mainly the EU countries) don't seem likely to follow through and ratify the document in its current form.  One report I heard out of Japan suggested that the ruling party there recognizes that ratifying ACTA is mostly symbolic at this point, but that it needed to be done to "save face" for the negotiators.  Of course, if they really wanted to "save face," perhaps they shouldn't have negotiated for absolutely awful limits on how copyright can be reformed, while pushing for greater enforcement without necessary safety valves against abuse.  Either way, the whole thing definitely has all of the appearances of ACTA being rammed through by political interests who don't want any debate on such a topic.<br /><br /><a href="http://www.techdirt.com/articles/20120906/02341020292/japan-rams-acta-through-ratifies-it-while-avoiding-debate.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120906/02341020292/japan-rams-acta-through-ratifies-it-while-avoiding-debate.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120906/02341020292/japan-rams-acta-through-ratifies-it-while-avoiding-debate.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-of-course</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120906/02341020292</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 26 Jul 2012 16:28:00 PDT</pubDate>
<title>Manufacturer Of Buggy 'Kobo Touch' E-Reader Manages Customer Complaints By... Hiding All Online Reviews</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20120725/18313519835/manufacturer-buggy-kobo-touch-e-reader-manages-customer-complaints-hiding-all-online-reviews.shtml</link>
<guid>http://www.techdirt.com/articles/20120725/18313519835/manufacturer-buggy-kobo-touch-e-reader-manages-customer-complaints-hiding-all-online-reviews.shtml</guid>
<description><![CDATA[ Quick quiz on crisis management, internet-style:<br />
<br />
<i>Exercise 1: The product you've just introduced is a buggy mess, short on content and backed with terrible customer service. What do you do?</i>
<blockquote>
<i>a.) Bite the bullet and start handing out refunds<br />
b.) Start patching like hell and fire your current Customer Service team<br />
c.) Drain all bank accounts and reorganize under the name <a href="http://www.techdirt.com/articles/20120703/03114319558/former-righthaven-ceo-fights-back-claims-as-manager-manager-righthaven-hes-still-power.shtml" target="_blank">Net Sortie, LLC</a>.<br />
d.) Whistle nonchalantly while sweeping bad reviews under the rug</i></blockquote>
If you answered "d," then congratulations! You've lost the battle <i>and</i> the war!<br />
<br />
No matter how many companies line up to play the "I'd Like to Lose at the Internet" game and walk away empty shells of their former selves, there's always another player ready to step up and take a swing at wishing its problems into the Google Cache cornfield.<br />
<br />
<a href="http://www.the-digital-reader.com/2012/07/24/kobo-touch-launch-not-going-well-in-japan-rakuten-now-hiding-user-reviews/#.UBCUt7Se6s3" target="_blank">This week's contender is Rakuten and its Kobo Touch Reader</a>. Billed as sort of a preemptive strike against the expected arrival of Amazon's Kindle in Japan, the Kobo began shipping last week. That's the last of the good news.
<blockquote>
<i>Rakuten launched the Kobo Touch in Japan with the expectation that they would dominate their home market. They are native to the country, and Rakuten does have a sizable retail presence there. Given their technical and CS resources, you&rsquo;d think they would have been able to pull this off.</i><br />
<br />
<i>Unfortunately, it now looks like Rakuten has paved the way for Amazon to dominate yet another ebook market.This launch is rapidly turning into a debacle and it&rsquo;s going to damage Rakuten&rsquo;s reputation. And according to some of the tweets I&rsquo;ve seen (in Japanese) it already is</i>.</blockquote>
So, what went wrong? Well, many, many things. First off, while the firmware was solid, the desktop software was a disaster. If installation failed on the PC, a rather common situation according to the reviews, it pretty much made the Kobo Reader useless. Secondly, Rakuten's promotional work pointed towards 30,000 titles being available at launch. Instead, there were 18,894 titles and, as is pointed out in the comments, many of those were public domain. Last, but not least, purchasers now holding a shiny brick were treated badly by Rakuten's customer service.<br />
<br />
Rakuten was understandably perturbed by this failed launch and decided the best course of action would be to pretend it <i>just wasn't happening</i>.
<blockquote>
<i>It&rsquo;s been just under a week since the <a href="http://www.the-digital-reader.com/2012/06/29/confirmed-kobo-touch-coming-to-japan-in-july-will-get-epub3-support/" target="_blank">Kobo Touch started shipping in Japan</a>, and things are going so well that Rakuten has removed from their website all the reviews of the Kobo Touch.</i><br />
<br />
<i>No, seriously, all of the reviews are down &ndash; both good and bad. I suppose there were too many people writing things like &ldquo;I&rsquo;m going to buy a Kindle&rdquo; and that upset someone at Rakuten.</i></blockquote>
For a tech company, you'd think Rakuten would be a bit more familiar with how this "The Internet" works. You can't just pull the electronic wool over everyone's eyes and hope to sneak away undetected. The Internet never forgets. And even if it could, there's always a helpful person or two willing to remind it where all that stuff is stashed.
<blockquote>
<i>Luckily one of Rakuten&rsquo;s potential customers tipped me to the story, including giving me a link to a blog that had <a href="http://matome.naver.jp/odai/2134306025074493901/2134306323874611703" target="_blank">collected responses</a> and a screenshot of the review page before Raskuten removed it. That&rsquo;s why I can show you things like this:</i></blockquote>
<center><img alt="" src="http://i.imgur.com/6nLaH.jpg" style="width: 500px; height: 169px; " /></center>
<blockquote>
<i>If you can&rsquo;t see the image above, it says that the Kobo Touch has a 3 star rating largely due to the vast number of 1 star reviews.</i></blockquote>
And more help arrives:
<blockquote>
<i>Update: My source found a <a href="http://webcache.googleusercontent.com/search?q=cache:Pwp6ZbBmk34J:review.rakuten.co.jp/item/1/213310_15929951/1.0/sort6/+review.rakuten.co.jp+kobo+touch&#038;cd=1&#038;hl=en&#038;ct=clnk" target="_blank">Google Cache page of reviews</a>. Thanks, Bibo!</i></blockquote>
This response is so wrong and yet so common. <a href="http://www.techdirt.com/articles/20120706/17472019612/dear-angry-person-people-who-criticize-you-likely-arent-defaming-you-infringing-your-copyright.shtml" target="_blank">Donna Barstow</a>, <a href="http://www.techdirt.com/articles/20110808/02404115428/how-to-make-mockery-your-own-law-school-sue-your-critics.shtml" target="_blank">law schools</a>, the <a href="http://www.techdirt.com/articles/20110414/03462013893/why-doctors-shouldnt-abuse-copyright-law-to-stop-patient-reviews.shtml" target="_blank">freakin' medical community</a>. Pretty much anyone who's ever heard the term Streisand Effect whispered in their general direction has attempted to delete damning content, either of their own or created by others, only to find it resurrected in Google's Cache or the Internet Archive's Wayback Machine. It's definitely a knee-jerk response, but it seems to have a steep learning curve attached to it. Kobo screwed up and then doubled down by hiding the reviews. What does that say about the company and its future relationship with its customers?
<blockquote>
<i>Folks, they took the reviews down from the website so new customers wouldn&rsquo;t be warned about the many problems. I want you to look past the fact they did it and think about how customers will feel once they discover the deception. That is what will make this a major debacle and not merely an embarrassment for Rakuten.</i><br />
<br />
<i>A bad launch could be recovered from. This is closer to being a systematic effort to lie to their customers. Okay, eventually people will forgive Rakuten, but in the short run this debacle could drive readers to Amazon.</i></blockquote>
Rakuten, by botching its launch, hurt itself a little. By covering it up, it did a ton of self-inflicted damage. You can't just flip "trust" on and off like a light switch. It's earned. And if it wanted to take on Amazon, it couldn't afford a mistake of this magnitude.<br /><br /><a href="http://www.techdirt.com/articles/20120725/18313519835/manufacturer-buggy-kobo-touch-e-reader-manages-customer-complaints-hiding-all-online-reviews.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120725/18313519835/manufacturer-buggy-kobo-touch-e-reader-manages-customer-complaints-hiding-all-online-reviews.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120725/18313519835/manufacturer-buggy-kobo-touch-e-reader-manages-customer-complaints-hiding-all-online-reviews.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>there's-no-hole-on-earth-big-enough-to-bury-The-Internet</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120725/18313519835</wfw:commentRss>
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<item>
<pubDate>Mon, 23 Jul 2012 11:15:00 PDT</pubDate>
<title>Publishing Execs Arrested, Face Jail Time, Because Book Tells People How To Back Up DVDs</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120723/08100319796/publishing-execs-arrested-face-jail-time-because-book-tells-people-how-to-back-up-dvds.shtml</link>
<guid>http://www.techdirt.com/articles/20120723/08100319796/publishing-execs-arrested-face-jail-time-because-book-tells-people-how-to-back-up-dvds.shtml</guid>
<description><![CDATA[ <p>Last month we wrote about a new copyright law in Japan whose punishments seemed so <a href="http://www.techdirt.com/articles/20120625/03200019461/japan-criminalizes-unauthorized-downloads-making-dvd-backups-maybe-watching-youtube.shtml">disproportionate</a> it was hard to take it seriously.  For example, downloading unauthorized copies or backing up content from a DVD were both subject to criminal penalties.  According to this story from Daily Yomiuri Online, <a href="http://www.yomiuri.co.jp/dy/national/T120717004410.htm">it looks like it's no joke</a>:

<i><blockquote>The Metropolitan Police Department arrested Yoshiaki Kaizuka, 43, an executive of Chiyoda Ward publisher Sansai Books Inc., and three other company employees on suspicion of violating the Unfair Competition Prevention Law, and sent papers on the firm to the Tokyo District Public Prosecutors Office. According to a senior police official, these are the nation's first arrests over the distribution of software to remove copy protection.</blockquote></i>

And their terrible crime?  Allegedly selling a book that told people how to make backup copies of DVDs.  That, of course, would involve circumventing the trivial copy protection on DVDs, which was enough to trigger the arrests, apparently.  But as a post on Wired.it points out, <a href="http://blog.wired.it/otakunews/2012/07/20/japan-police-arrest-anti-drm-journalists.html">if publishers can get into trouble under the new law so easily, so might others</a>:

<i><blockquote>It's interesting to note that Japanese cyber Police could arrest the Amazon Japan CEO too as the online giant is selling a lot of magazines, books and software packages for DVD copy and ripping: exactly what put in trouble Sansai Books staff.</blockquote></i>

The same post notes that many GNU/Linux distributions come with the <a href="http://en.wikipedia.org/wiki/Libdvdcss">libdvdcss library</a> which similarly allows the DRM system to be circumvented so that the DVD can be played, and would therefore fall foul of the new copyright legislation.  So does the Japanese government plan to go after all the Web sites offering such software, and all the users?
</p><p>
The current action probably doesn't presage a massive crackdown on every infringing use, since that would involve arresting a significant fraction of the Japanese population.  It's more likely to be an attempt to put the frighteners on people in the hope that everyone will stop downloading files and cease making backups.  As we know from similar situations, <a href="http://torrentfreak.com/swedish-internet-traffic-recovers-after-initial-ipred-scare-091113/">that may work for a few months</a>.  But once things die down, people will go back to doing what they did before until the next time the Japanese authorities decide to make an example of someone, and the whole pointless cycle begins again.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120723/08100319796/publishing-execs-arrested-face-jail-time-because-book-tells-people-how-to-back-up-dvds.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120723/08100319796/publishing-execs-arrested-face-jail-time-because-book-tells-people-how-to-back-up-dvds.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120723/08100319796/publishing-execs-arrested-face-jail-time-because-book-tells-people-how-to-back-up-dvds.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>arrested-for-what?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120723/08100319796</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 25 Jun 2012 10:06:00 PDT</pubDate>
<title>Japan Criminalizes Unauthorized Downloads, Making DVD Backups -- And Maybe Watching YouTube</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120625/03200019461/japan-criminalizes-unauthorized-downloads-making-dvd-backups-maybe-watching-youtube.shtml</link>
<guid>http://www.techdirt.com/articles/20120625/03200019461/japan-criminalizes-unauthorized-downloads-making-dvd-backups-maybe-watching-youtube.shtml</guid>
<description><![CDATA[ <p>There's a fairly constant pattern in the world of copyright enforcement.  The media companies claim that piracy is "destroying" their industries, although they never offer any independent evidence to back this up.  They "demand" that governments "do something" -- by which they mean introduce harsher penalties for unauthorized downloads.  Because of the hypnotic effect that musicians and artists seem to have on politicians, governments happily oblige, even though there is no evidence that such laws will help artists.  After the laws come in to force, online sharing may dip for a while, but soon returns to previous levels, so the media companies start whining again, and demand yet tougher penalties.
</p><p>
Of course, if any of those participants in this never-ending cycle stood back and looked at what was happening, they would see that the very fact the copyright companies keep coming back for more and harsher copyright laws offers clear proof the current approach just isn't working.  Instead, they seem to believe that even though it has failed to work every time in the past, if the penalties could just be made sufficiently cruel and painful, suddenly everything would be OK.
</p><p>
Unfortunately, <a href="http://www.wired.com/gamelife/2012/06/japan-download-copyright-law/">it looks like it's Japan's turn to undertake this exercise in futility</a>:

<i><blockquote>Japan&#8217;s legislature has approved a bill revising the nation&#8217;s Copyright Law to add criminal penalties for downloading copyrighted material or backing up content from a DVD. The penalties will come into effect in October.
<br /><br />
The Upper House of the Japanese Diet approved the bill by a vote of 221-12, less than a week after the measure cleared the lower house with almost no opposition. Violators risk up to two years in prison or fines up to two million yen (about $25,000).</blockquote></i>

An earlier article by the same author, Daniel Feit, on Wired, <a href="http://www.wired.com/gamelife/2012/06/japan-downloading-law/">spelt out some of the insanely restrictive rules that will soon apply</a>:

<i><blockquote>it would be illegal in Japan to make any copies of any movies or games, illegal to upload the data, illegal to download the data, illegal to sell copies of the data and well as illegal to sell a device that enables playback of the copied data. All of these actions would carry stiff penalties.</blockquote></i>

The new law's effects might be <a href="http://www.wired.com/gamelife/2012/06/japan-download-copyright-law/">even more ridiculous</a>:

<i><blockquote>Japanese attorney Toshimitsu Dan told IT Media that even watching a YouTube video could be grounds for arrest "if the viewer is aware that downloading [such material] is illegal."</blockquote></i>

Since people will inevitably carry on doing all these things, Japan's legislation will simply crimininalize an entire generation. That means that some of them will probably end up in prison for completely trivial infractions; it will also lead millions more people to question their respect for laws that are so at odds with what they regard as normal and fair.
</p><p>
Perhaps dimly aware that tough sanctions won't work &#8211; or maybe just greedy &#8211; some music groups want Japanese ISPs to install a system that they claim can spot unauthorized uploads even before they reach the Internet.  <a href="http://torrentfreak.com/jail-for-file-sharing-not-enough-labels-want-isp-level-spying-regime-120624/">As TorrentFreak explains</a>:

<i><blockquote>Once a match is found, rightholders want ISPs to automatically block the allegedly infringing content. But according to one report, there may even be requests to send out warning letters to uploaders. If implemented this would amount to the most invasive "3 strikes" style regime anywhere in the world.</blockquote></i>

To add insult to injury, ISPs are expected to pay for allowing the music industry to spy on their users 24 hours a day.  Since that cost will inevitably be passed on, that means that customers will be forced to pay for the pleasure of undermining their own privacy, having their ability to upload legitimate material curtailed, and receiving unwarranted threatening letters.  Sounds like the Japanese recording industry has been watching Terry Gilliam's "<a href="http://en.wikipedia.org/wiki/Brazil_%28film%29">Brazil</a>" too much.
</p><p>
This latest call for total surveillance on top of probably the harshest laws passed yet against unauthorized downloads raises an important question: when the current measures fail -- as they surely will -- what will the copyright industries demand next in a further forlorn attempt to deter file sharing? Life imprisonment? Amputation of the mousing fingers?
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120625/03200019461/japan-criminalizes-unauthorized-downloads-making-dvd-backups-maybe-watching-youtube.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120625/03200019461/japan-criminalizes-unauthorized-downloads-making-dvd-backups-maybe-watching-youtube.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120625/03200019461/japan-criminalizes-unauthorized-downloads-making-dvd-backups-maybe-watching-youtube.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hang-'em-high</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120625/03200019461</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 19 Jun 2012 15:05:00 PDT</pubDate>
<title>US Invites Mexico, Canada To Join TPP Negotiations But With Less Power</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120618/15271219371/us-invites-mexico-canada-to-join-tpp-negotiations-with-less-power.shtml</link>
<guid>http://www.techdirt.com/articles/20120618/15271219371/us-invites-mexico-canada-to-join-tpp-negotiations-with-less-power.shtml</guid>
<description><![CDATA[ We've been talking about the Trans Pacific Partnership agreement (TPP) that's being negotiated among a bunch of countries around the Pacific rim.  Of course, we've been mostly focused on the intellectual property section, though it covers a lot more than that.  Through leaks, we've already seen that the agreement really is an attempt to give special interest corporations <a href="http://www.techdirt.com/articles/20120614/03441519317/leaked-tpp-proposal-reveals-that-us-wants-to-give-multinational-companies-tremendous-power.shtml">extra benefits</a>, rather than anything designed to actually help the public.  That explains why only a few special interests have been able to see the documents (outside of leaks), but the public is left out.  Of course, if you've been following the negotiations, you'll note that there are some major "gaps" in PacRim countries taking part in the agreement.  China, Japan, Canada and Mexico are all pretty big countries that touch the Pacific... and have nothing to do with the negotiations.
<br /><br />
  Canada has been wanting to join, but the entertainment industry has been <a href="http://www.techdirt.com/articles/20120116/22360917430/entertainment-industry-lobbyists-dont-want-to-let-canada-into-secret-tpp-negotiations-until-canada-passes-more-bad-laws.shtml">blocking</a> those efforts.  Japan has wanted to join, but automakers in Detroit have been saying no.  China just has <a href="http://www.techdirt.com/articles/20120308/09284118036/why-chances-china-joining-acta-tpp-are-practically-zero.shtml">no interest</a> in shackling itself to the interests of American companies.
<br /><br />
Yesterday it was announced that Mexico has been "approved" to join the negotiations.  President Obama <a href="http://thehill.com/blogs/on-the-money/1005-trade/233221-mexico-invited-to-join-us-backed-pacific-trade-talks" target="_blank">announced at an event in Mexico that it could join the negotiations</a>, leaving many people to note the fact that nothing at all was said about Japan or Canada.  Well... today <a href="http://www.theglobeandmail.com/news/politics/canada-secures-invitation-to-join-coveted-pacific-trade-talks/article4347053/" target="_blank">Canada has been added to the pack as well</a>, though still no word on Japan.
<br /><br />
Mexico presents an interesting participant on the intellectual property side.  While its executive branch supported ACTA, the Mexican Senate was not happy -- voting to <a href="http://www.techdirt.com/articles/20101005/17320811304/mexican-senate-unanimously-votes-to-remove-mexico-from-acta-negotations.shtml">pull out</a> of the negotiations earlier, and then <a href="http://www.techdirt.com/articles/20110727/23163915295/mexican-senate-calls-president-to-reject-acta.shtml">rejecting ACTA</a> directly.  So it will be interesting to see how Mexico responds to the IP sections of TPP.
<br /><br />
The situation with Canada may be even more troubling.  There are reports that one of the conditions for Canada to join was that it <a href="http://www.michaelgeist.ca/content/view/6547/125/" target="_blank">had to accept the existing language in TPP</a> and would not have veto rights to anything.  Now, remember: <i>the text of TPP is not public</i>.  So in order for Canada to agree, it needs to agree to abide by rules that it has not seen or approved.  That's pretty crazy.  Furthermore, as Michael Geist points out, seeing as Canada just approved its new copyright reform, much of which seems to conflict with the leaked IP proposals in TPP, Canada may have to dump much of the copyright law it just fought so hard to get passed.<br /><br /><a href="http://www.techdirt.com/articles/20120618/15271219371/us-invites-mexico-canada-to-join-tpp-negotiations-with-less-power.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120618/15271219371/us-invites-mexico-canada-to-join-tpp-negotiations-with-less-power.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120618/15271219371/us-invites-mexico-canada-to-join-tpp-negotiations-with-less-power.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>take-it-or-leave-it</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120618/15271219371</wfw:commentRss>
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<item>
<pubDate>Thu, 24 May 2012 14:31:00 PDT</pubDate>
<title>Broadband In Crisis: Does The US Need Regulation To Force Meaningful Competition?</title>
<dc:creator>Lorenzo Franceschi-Bicchierai</dc:creator>
<link>http://www.techdirt.com/articles/20120522/04163519014/broadband-crisis-does-us-need-regulation-to-force-meaningful-competition.shtml</link>
<guid>http://www.techdirt.com/articles/20120522/04163519014/broadband-crisis-does-us-need-regulation-to-force-meaningful-competition.shtml</guid>
<description><![CDATA[ Susan Crawford believes telecommunications in America are going through the biggest crisis ever, and this is just as bad as the banking crisis was.  Monday, at the Freedom 2 Connect conference, the Internet law scholar and former Special Assistant for Science, Technology and Innovation Policy at the White House, laid out what's wrong with broadband in America, hinting and what needs to be done to fix it. It's not going to be easy.
<br /><br />

"The stakes are extraordinarily high, this has been an incremental crisis for a long time but now it's an actual crisis," said Crawford, whose book analyzing these issues, <i>Captive Audience</i>, will be published in November. The central issue is the so-called digital divide and what Crawford refers to as the "looming cable monopoly." Due to deregulation, which was predicated on the premise that
the free market and competition would protect consumers, cable companies have found themselves with an inordinate amount of power to control the Internet and broadband access while, at the same time, traditional phone companies like AT&#038;T are struggling to keep up and veering towards wireless services.
<br /><br />
To support her thesis, Crawford presented some stunning numbers. In the last two years, Comcast market share has grown from 16.3 million subscribers to 18.5, a 14 percent growth. Time Warner Cable has grown 10 percent, from 9.2 to 10.7 million customers. Meanwhile, DSL subscribers have plummeted: AT&#038;T and Verizon market share is down 22 and 21 percent respectively.
<br /><br />
So, while it's good to be Comcast, it's not good to be an American citizen. Without competition, there's
no drive to improve the service. The average speed of an Internet connection in the United States is
around 5Mbit/s. An astoundingly low number if you look at other western countries. South Korea, for
example, has an average of 50Mbit/s. And faster connections are starting to be implemented around the
world. One gigabit connections are available in countries like Japan, Portugal or Sweden and at much
better prices than in the U.S. &#8211; in Hong Kong, connecting at one gigabit per second costs $26 a month
while in Chattanooga, TN, it costs $350.
<br /><br />
What does this mean to the average citizen? It means the United States are giving up their leadership.
Crawrford said this means &#8220;the next Google won't come from America.&#8221; And, even within U.S.
borders, there's a fundamental problem: you either pay premium for a mediocre service or you are left
behind.
<br /><br />
&#8220;We end up with two Internets, two societies in America,&#8221; Crawford said to me in an interview.
<br /><br />
One America does some tweeting and Facebook on their inferior, slower wireless devices. The other
America not only gets to enjoy video online, but they can also apply for jobs, do video-conferencing,
get an education online and, ultimately, live in the 21st century. Crawford argues that this digital divide
ends up creating inequality between the haves and have-nots in America.
<br /><br />
The only solution, Crawford argues, is for the government to intervene and regulate. Internet access, particularly high-speed access, should be treated &#8220;as a utility, just as electricity, gas and water.&#8221; Doing
so would make the Internet a natural monopoly in which the government would provide the pipe and
guarantee equal opportunity of access to everybody.
<br /><br />
It might not happen immediately, but Crawford hopes that, with her influence and that of other thinkers
like her, this will come to the forefront of the public discussion. She believes that, eventually, in every
district, there will be elected officials who understand and care about these issues. That will be when
we'll be able to look for a solution. "We make this a voting issue, that's how we fight back."<br /><br /><a href="http://www.techdirt.com/articles/20120522/04163519014/broadband-crisis-does-us-need-regulation-to-force-meaningful-competition.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120522/04163519014/broadband-crisis-does-us-need-regulation-to-force-meaningful-competition.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120522/04163519014/broadband-crisis-does-us-need-regulation-to-force-meaningful-competition.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>two-internets</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120522/04163519014</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 4 May 2012 17:00:00 PDT</pubDate>
<title>DailyDirt: To Serve Man... Sushi</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20100520/1350449515/dailydirt-to-serve-man-sushi.shtml</link>
<guid>http://www.techdirt.com/articles/20100520/1350449515/dailydirt-to-serve-man-sushi.shtml</guid>
<description><![CDATA[ More than anywhere else, Japanese researchers seem a bit obsessed with creating robots to do some wacky things. So why not create some sushi robots to eliminate some of the boring, repetitive work in sushi restaurants? Here are just a few examples that point towards a future of fully-automated sushi production.

<ul>
<li> <a title="http://www.wired.com/gadgetlab/2012/04/sushibot/" href="http://bit.ly/KslYR8">The SushiBot can serve up to 3,600 portions of nigiri sushi in an hour.</a> Its manufacturer, Suzumo, also has bots for maki rolls, but disappointingly, these robots still need a human operator to handle the raw fish and some of the other ingredients. [<a href="http://www.wired.com/gadgetlab/2012/04/sushibot/">url</a>]</li>

<li> <a title="http://www.nytimes.com/2001/08/31/world/yoshiaki-shiraishi-87-sushi-innovator.html" href="http://nyti.ms/IXAMYe">Yoshiaki Shiraishi was the inventor of the sushi boat conveyor belt -- an idea he borrowed from seeing beer bottles on a conveyor belt.</a> His kaiten-zushi system helped to spread the global consumption of sushi, and it first appeared in 1958 in Japan. [<a href="http://www.nytimes.com/2001/08/31/world/yoshiaki-shiraishi-87-sushi-innovator.html">url</a>]</li>

<li> <a title="http://blogs.laweekly.com/squidink/2012/04/laser-cut_designer_sushi_rolls.php" href="http://bit.ly/IXCF7n">Sushi-related robots aren't just replacing some human workers; some are carving out completely new jobs for themselves... such as laser-cutting intricate patterns into seaweed.</a> No human would want to do this job by hand in a busy restaurant. [<a href="http://blogs.laweekly.com/squidink/2012/04/laser-cut_designer_sushi_rolls.php">url</a>]</li>

<li><b>To discover more food-related links, <a title="http://www.stumbleupon.com/to/stumble/topic:102" href="http://bit.ly/iaJVJd">check out what's floating around in StumbleUpon.</a></b> [<a href="http://www.stumbleupon.com/to/stumble/topic:102">url</a>]  <a title="what's this?" href="#" class="whatsthis help_ddstumble">&nbsp;</a>
</li>
</ul> 

By the way, StumbleUpon can also recommend some good <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt</a> articles, too.<br /><br /><a href="http://www.techdirt.com/articles/20100520/1350449515/dailydirt-to-serve-man-sushi.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100520/1350449515/dailydirt-to-serve-man-sushi.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100520/1350449515/dailydirt-to-serve-man-sushi.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100520/1350449515</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 26 Mar 2012 15:32:00 PDT</pubDate>
<title>Japanese Court Misunderstands Autocomplete, Orders Google To Turn It Off To Protect 'Privacy'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120326/03475818240/japanese-court-misunderstands-autocomplete-orders-google-to-turn-it-off-to-protect-privacy.shtml</link>
<guid>http://www.techdirt.com/articles/20120326/03475818240/japanese-court-misunderstands-autocomplete-orders-google-to-turn-it-off-to-protect-privacy.shtml</guid>
<description><![CDATA[ Over the past few years, we've seen a number of lawsuits around the globe concerning Google's "autocomplete" feature, which takes common searches based on what you've already typed and suggests those as potential full searches.  The feature can be pretty useful (and also amusing at times).  In the US, the entertainment industry has <a href="http://www.techdirt.com/articles/20111221/02404117153/riaa-whines-that-google-wont-let-it-program-googles-search-algorithm.shtml">freaked out</a> about it, leading to Google's bizarrely hamfisted <a href="http://www.techdirt.com/articles/20101202/10345812093/google-wont-recommend-most-popular-searches-if-it-thinks-it-might-sorta-have-something-to-do-with-piracy.shtml">censorship</a> of the results.
<br /><br />
But that's not good enough for some.  We've covered cases in <a href="http://www.techdirt.com/articles/20100928/00334211194/was-a-french-court-correct-in-blaming-google-for-its-google-suggest-suggestions.shtml">France</a> and <a href="http://www.techdirt.com/articles/20110405/03003513781/google-found-liable-autocomplete-suggestions-italy.shtml">Italy</a> where Google was found liable for "suggestions" that a user didn't like (usually associating whoever was complaining with something bad).  Of course, that totally misunderstands the feature and suggests that it's actually Google directly saying this is the best suggestion (in fact, I wonder if this is why Google stopped calling this "Google Suggest" and moved to simply calling it "autocomplete").
<br /><br />
The latest, as pointed out by <a href="http://thenextweb.com/asia/2012/03/26/google-ordered-to-close-search-autocomplete-feature-in-japan-over-privacy-complaint/" target="_blank">TNW</a>, is that a court in Japan has actually <a href="http://mdn.mainichi.jp/mdnnews/news/20120326p2g00m0dm003000c.html" target="_blank">ordered Google to turn off the feature entirely</a>, claiming that it's a violation of <i>privacy</i>.  Privacy?  Huh?  Basically, it sounds like a guy complained that searches on his name popped up suggestions with all sorts of bad things (the article says "criminal acts"), and the guy thinks his getting fired and difficulty finding another job was due to this.  Of course, it's difficult to see how that's a <i>privacy</i> issue at all, or how it's Google's fault.  Google claims that as a US company it has no obligation to obey the injunction.
<br /><br />
The thing is, the guy remains unnamed.  If he actually named himself, he might solve the problem by promoting more stories about how he's <i>not</i> actually associated with these crimes, and those would likely rise to the top.  In the meantime, what does it take for a judge to ask someone who actually understands technology for some pointers before making a ruling that shows a basic ignorance of what the tech does?<br /><br /><a href="http://www.techdirt.com/articles/20120326/03475818240/japanese-court-misunderstands-autocomplete-orders-google-to-turn-it-off-to-protect-privacy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120326/03475818240/japanese-court-misunderstands-autocomplete-orders-google-to-turn-it-off-to-protect-privacy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120326/03475818240/japanese-court-misunderstands-autocomplete-orders-google-to-turn-it-off-to-protect-privacy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>can't-judges-talk-to-techies?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120326/03475818240</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 2 Mar 2012 17:00:00 PST</pubDate>
<title>DailyDirt: Who's That Kid With The Oreo Cookie?</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20100309/1456228483/dailydirt-whos-that-kid-with-oreo-cookie.shtml</link>
<guid>http://www.techdirt.com/articles/20100309/1456228483/dailydirt-whos-that-kid-with-oreo-cookie.shtml</guid>
<description><![CDATA[ We've seen a variety of <a href="http://www.techdirt.com/articles/20091102/0435486765.shtml">Japanese Kit Kats</a> that are localized with numerous limited-edition flavors, so it shouldn't be too shocking to see that other snack-makers have adopted similar strategies for their products. Here are just some interesting takes on the Oreo cookie. 

<ul>
<li> <a title="http://www.npr.org/blogs/money/2012/01/27/145918343/rethinking-the-oreo-for-chinese-consumers" href="http://n.pr/Aifp2I">Chinese Oreos are NOT what you'd expect if you grew up in the US.</a> Kraft localized Oreos for the Chinese palate, and Chinese Oreos can be found with green tea flavored filling.. and in rectangular-shaped cookies. [<a href="http://www.npr.org/blogs/money/2012/01/27/145918343/rethinking-the-oreo-for-chinese-consumers">url</a>]</li>

<li> <a title="http://www.instructables.com/id/Homemade-Oreo-Cookie-Recipe/" href="http://bit.ly/AtnPib">There are a bunch of recipes for homemade Oreos on the internets.</a> Rolling your own Oreos allows you to make them any size you want... (and vegan if you wish). [<a href="http://www.instructables.com/id/Homemade-Oreo-Cookie-Recipe/">url</a>]</li>

<li> <a title="http://www.nytimes.com/2012/02/28/business/media/the-oreo-turns-100-with-a-nod-to-the-past-advertising.html?_r=2" href="http://nyti.ms/xxR22F">The Oreo turns 100 years old this year on March 6th.</a> That's a pretty long history of "twist, lick and dunk" -- and Kraft is celebrating with a limited edition of Birthday Cake Oreos. [<a href="http://www.nytimes.com/2012/02/28/business/media/the-oreo-turns-100-with-a-nod-to-the-past-advertising.html?_r=2">url</a>]</li>

<li><b>To discover more food-related links, <a title="http://www.stumbleupon.com/to/stumble/topic:102" href="http://bit.ly/iaJVJd">check out what's floating around in StumbleUpon.</a></b> [<a href="http://www.stumbleupon.com/to/stumble/topic:102">url</a>]  <a title="what's this?" href="#" class="whatsthis help_ddstumble">&nbsp;</a>
</li>
</ul> 

By the way, StumbleUpon can also recommend some good <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt</a> articles, too.<br /><br /><a href="http://www.techdirt.com/articles/20100309/1456228483/dailydirt-whos-that-kid-with-oreo-cookie.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100309/1456228483/dailydirt-whos-that-kid-with-oreo-cookie.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100309/1456228483/dailydirt-whos-that-kid-with-oreo-cookie.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100309/1456228483</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 28 Dec 2011 03:32:43 PST</pubDate>
<title>Japanese Supreme Court Says Developer Of File Sharing Software Not Guilty Of Infringement Done By Users</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111227/04240017202/japanese-supreme-court-says-developer-file-sharing-software-not-guilty-infringement-done-users.shtml</link>
<guid>http://www.techdirt.com/articles/20111227/04240017202/japanese-supreme-court-says-developer-file-sharing-software-not-guilty-infringement-done-users.shtml</guid>
<description><![CDATA[ More than five years ago, we wrote about a Japanese court finding the developer of the popular (in Japan) Winny file sharing program <a href="http://www.techdirt.com/articles/20061214/121055.shtml">guilty</a> of infringement done with the software.  We noted how absurd this seemed, and thankfully three years later a higher court <a href="http://www.techdirt.com/articles/20091008/2248506468.shtml">overturned</a> the lower court's ruling.  Fast forward another two years and (finally!), <a href="http://mdn.mainichi.jp/mdnnews/news/20111221p2g00m0dm082000c.html" target="_blank">the country's Supreme Court has upheld the acquittal</a> and noted that the software's designer shouldn't be liable for the software, which has non-infringing uses.  It does appear that the court left open the possibility of an "inducement"-like standard, whereby he could have been guilty if he designed the software for the purpose of infringing copyrights, but it appears that wasn't the intention at all.
<br /><br />
Either way, that's many years of this guy's life tied up in the judicial system.  Already, editorials in Japan are calling the situation <a href="http://www.japantimes.co.jp/text/ed20111226a2.html" target="_blank">"absurd,"</a> and noting:
<blockquote><i>
The police and public prosecutors should realize the negative psychological effect that their actions must have had on people trying to develop new computer technology. 
</i></blockquote>
 Indeed.  If you're dragging the developers of new technologies to court for more than five years just because some users of the software may break the law, you're creating a massive chilling effect on developers.  Who's going to develop anything that might be used to infringe -- even if it has mainly productive non-infringing uses -- if it may lead to such a horrible and drawn out process?<br /><br /><a href="http://www.techdirt.com/articles/20111227/04240017202/japanese-supreme-court-says-developer-file-sharing-software-not-guilty-infringement-done-users.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111227/04240017202/japanese-supreme-court-says-developer-file-sharing-software-not-guilty-infringement-done-users.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111227/04240017202/japanese-supreme-court-says-developer-file-sharing-software-not-guilty-infringement-done-users.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-took-years</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111227/04240017202</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 3 Oct 2011 13:44:18 PDT</pubDate>
<title>What Does Japan Need To Do To Deal With The Aftermath Of The Devastating Earthquake?  Apparently Pass ACTA!</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110930/21271816157/can-anyone-explain-what-acta-has-to-do-with-reconstructing-japan-after-earthquake.shtml</link>
<guid>http://www.techdirt.com/articles/20110930/21271816157/can-anyone-explain-what-acta-has-to-do-with-reconstructing-japan-after-earthquake.shtml</guid>
<description><![CDATA[ This past weekend, as you know, Japan held a <a href="http://www.techdirt.com/articles/20111002/22262616174/as-countries-sign-acta-many-finally-admit-their-copyright-laws-will-need-to-change.shtml">signing ceremony</a> for ACTA.  While that's already been covered, the folks at <a href="https://twitter.com/#!/StopActaNow/statuses/119943848603566080">StopACTANow</a> pointed out something really bizarre in the Japanese <a href="http://www.mofa.go.jp/announce/event/2011/9/0927_01.html" target="_blank">announcement concerning the signing ceremony</a>.  It lists out five points.  The first four are all more or less understandable via paraphasing: (1) there's a signing ceremony in Japan (2) ACTA was kicked off by suggestions from Japan, and driven by the US (3) a bunch of other countries participated and (4) all of the participants will be at the signing, and those who are ready to sign, will.  But the bizarre thing is the fifth point, which reads as follows:
<blockquote><i>
On the preceding day, Friday, September 30, an international symposium entitled, <b>&ldquo;Global Intellectual Property Strategy and the Reconstruction from the Great East Japan Earthquake: Eliminating Counterfeit and Pirated Products through ACTA&rdquo;</b>, will be held in Sendai as a side event of the signing ceremony.
</i></blockquote>
By now this has already happened, and we haven't seen any info about it, but, seriously?  What does the Great East Japan Earthquake have to do with intellectual property at all?  And is Japan really suggesting that ACTA plays some sort of role in rebuilding Japan?  Perhaps ACTA supporters and their efforts to keep any outside influence away from the negotiators has gone to their head, such that they think they can say any insane thing and people won't notice.<br /><br /><a href="http://www.techdirt.com/articles/20110930/21271816157/can-anyone-explain-what-acta-has-to-do-with-reconstructing-japan-after-earthquake.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110930/21271816157/can-anyone-explain-what-acta-has-to-do-with-reconstructing-japan-after-earthquake.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110930/21271816157/can-anyone-explain-what-acta-has-to-do-with-reconstructing-japan-after-earthquake.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>say-what-now?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110930/21271816157</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 30 Jun 2011 04:05:53 PDT</pubDate>
<title>Leaping The Uncanny Valley: Japanese Pop Star Turns Out To Be A Computer Generated Mashup</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110629/03324514905/leaping-uncanny-valley-japanese-pop-star-turns-out-to-be-computer-generated-mashup.shtml</link>
<guid>http://www.techdirt.com/articles/20110629/03324514905/leaping-uncanny-valley-japanese-pop-star-turns-out-to-be-computer-generated-mashup.shtml</guid>
<description><![CDATA[ A few folks sent over versions of this story, about how the popular 61-member (!) Japanese girl music group AKB48 introduced its newest member, named Aimi Eguchi, in a candy commercial, which you can <a href="http://www.youtube.com/watch?v=DnWFbh69Hzg&#038;feature=player_embedded">see</a> below:
<center>
<iframe width="560" height="349" src="http://www.youtube.com/embed/DnWFbh69Hzg" frameborder="0" allowfullscreen></iframe>
</center>
However, after some people started questioning all of this, it was revealed that "Aimi" wasn't a real person at all, but <a href="http://www.themarysue.com/computer-generated-pop-star/" target="_blank">was a computer-generated image</a>, made up of a composite of all of the other girls' "perfect" features.  A <a href="http://www.youtube.com/watch?v=aIpYpRobez4&#038;feature=player_embedded" target="_blank">separate video</a> showed which parts of Aimi came from which other girls in the group.  It gets interesting and/or creepy about halfway through, when the video directly highlights which feature from which girl was put into Aimi (though, oddly, the one who supplies the "eyebrows" seems to have her eyebrows covered by her bangs in the video):
<center>
<iframe width="560" height="349" src="http://www.youtube.com/embed/aIpYpRobez4" frameborder="0" allowfullscreen></iframe>
</center>
I'm kind of wondering what the value is here -- other than generating publicity for the bizarreness of it.  Since they're already using all the other girls, why create an additional mashup?<br /><br /><a href="http://www.techdirt.com/articles/20110629/03324514905/leaping-uncanny-valley-japanese-pop-star-turns-out-to-be-computer-generated-mashup.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110629/03324514905/leaping-uncanny-valley-japanese-pop-star-turns-out-to-be-computer-generated-mashup.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110629/03324514905/leaping-uncanny-valley-japanese-pop-star-turns-out-to-be-computer-generated-mashup.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>remix?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110629/03324514905</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 17 May 2011 06:08:00 PDT</pubDate>
<title>PlayStation Network Coming Back Online Post Hack... But Not In Japan</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110516/16474314290/playstation-network-coming-back-online-post-hack-not-japan.shtml</link>
<guid>http://www.techdirt.com/articles/20110516/16474314290/playstation-network-coming-back-online-post-hack-not-japan.shtml</guid>
<description><![CDATA[ There have been a bunch of stories about how Sony is finally bringing its PlayStation Network back online (though, the funniest headline I've seen is the BBC's which claims that Sony is <a href="http://www.bbc.co.uk/news/business-13403616?utm_source=twitterfeed&#038;utm_medium=twitter" target="_blank">"relaunching"</a> the PSN, as if it's a marketing thing...).  However, it appears that the gradual comeback is not coming to Japan just yet, as the government <a href="http://www.foxbusiness.com/industries/2011/05/15/japan-restart-sony-online-games-services-approved/" target="_blank">is not yet comfortable that Sony can really protect its users</a>:
<blockquote><i>
"We met with Sony on May 6 and 13, and basically we want two things from them," Kazushige Nobutani, director of the Media and Content Industry department at the Ministry of Economy, Trade and Industry, told Dow Jones Newswires.
<br /><br />
He listed two areas where it requires further explanation before approval will be given following the incidents regarding its PlayStation Network and Sony Online Entertainment videogame services.
<br /><br />
"The first is preventative measures. As of May 13, Sony was incomplete in exercising measures that they said they will do on the May 1 press conference," he said, adding that he could not provide details on the outstanding issues for security reasons.
<br /><br />
The second was in how Sony hoped to regain consumer confidence over personal data such as credit card information.
<br /><br />
"There were similar cases in the past that were caused by other firms, and we are asking Sony whether their measures are good enough when compared to countermeasures taken in the past," he said.
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20110516/16474314290/playstation-network-coming-back-online-post-hack-not-japan.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110516/16474314290/playstation-network-coming-back-online-post-hack-not-japan.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110516/16474314290/playstation-network-coming-back-online-post-hack-not-japan.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-safe-for-home</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110516/16474314290</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 17 Mar 2011 00:16:17 PDT</pubDate>
<title>Did Japan And Korea Just Make Life Really Difficult For Any Cloud Service Provider?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110311/01523313456/did-japan-korea-just-make-life-really-difficult-any-cloud-service-provider.shtml</link>
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<description><![CDATA[ For a while we followed the important <a href="http://www.techdirt.com/articles/20060410/0839223.shtml">Cablevision remote DVR</a> case, in which the entertainment industry argued that Cableivision offering a hosted DVR service for its users was infringing on their copyrights, even though DVRs are legal.  The entertainment industry strained its credulity by arguing that because the DVR device was on Cablevision's property, rather than in someone's house (even though they functioned nearly identically), it completely changed the rules.  They said that Cablevision required separate content licenses to offer such a service.  Effectively, they were arguing that the length between the DVR and the TV determines whether or not there's infringement.   That, of course, is ridiculous (though even more ridiculous was when they <a href="http://www.techdirt.com/articles/20090114/2123083415.shtml">compared</a> a DVR to <b>murder</b>).
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Thankfully, the Second Court agreed and put forth a <a href="http://www.techdirt.com/articles/20080804/1218551884.shtml">pretty good</a>, if slightly awkward, ruling, which pointed out that it didn't matter where the device was, that time shifting is legal, and this service really seemed no different than a DVR.  The entertainment industry (of course) appealed, but the Supreme Court <a href="http://www.techdirt.com/articles/20090629/1016515400.shtml">refused</a> to hear the case, so the law stands in the 2nd Circuit -- though with such a high profile case, one hopes that other Circuits would tend to defer to this ruling (though, they certainly don't have to).
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Separately, we covered a <a href="http://www.techdirt.com/articles/20091231/0258107558.shtml">very similar</a> case in Singapore, involving RecordTV, which had trouble at the lower courts, but eventually <a href="http://www.techdirt.com/articles/20101206/00402412142/singapore-appeals-court-says-internet-dvr-is-legal.shtml">came to a similar ruling</a> as the US.  In that case, the court even noted that allowing remote DVRs seems to provide benefits to society.
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However, courts in other areas of the world apparently aren't quite as enlightened.  <a href="http://www.korealaw.wordpress.com">Wonil Chung</a>, an IP lawyer in Korea, recently sent over his excellent <a href="http://korealaw.wordpress.com/2011/02/27/tv/" target="_blank">review of a number of similar cases</a> from Korea and Japan where the rulings eventually all went the other way.  The cases there all have their own specific details, but the general point was that the courts seemed to feel that if the equipment is housed and "owned" by the service provider, then the actions are done by the service provider... even if the end user is the one clicking the button.  Effectively, those courts are saying that the length of the cable matters.  Chung's analysis is balanced, and he notes that this can be a tricky issue.  I agree that it's a complex issue that requires thinking through a variety of issues, but in the end, I have no problem saying that I believe the Korean and Japanese rulings defy common sense, while the US and Singapore rulings make sense.
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Where it gets really important is understanding the wider implications of these rulings.  Based on the rulings in Korea and Japan, it just became a lot more expensive and risky to set up <i>any</i> cloud-based service in either country.  That's because these rulings effectively say that liability is determined by the location of the equipment, rather than the location of the user.  Cloud-based services have the equipment hosted far away from the user.  But does that really mean that the service providers have now taken on the liability?  In Korea and Japan apparently the answer is yes, and that should put a chill through anyone building cloud-based offerings in either country.<br /><br /><a href="http://www.techdirt.com/articles/20110311/01523313456/did-japan-korea-just-make-life-really-difficult-any-cloud-service-provider.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110311/01523313456/did-japan-korea-just-make-life-really-difficult-any-cloud-service-provider.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110311/01523313456/did-japan-korea-just-make-life-really-difficult-any-cloud-service-provider.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>does-the-length-of-the-wire-matter?</slash:department>
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