File-Sharing Software: Individual Users Ordered to Pay Damages to Record Labels

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 I’m sure that people using file-sharing software aren’t very aware that they’re creating a situation where others can download files. That’s probably why everyone uses it so casually.

 Actually, from our perspective as people who study information, I think the algorithms of P2P software, represented by Winny, are wonderful systems. The person from the University of Tokyo who developed this program… (I’ve forgotten their name) is truly amazing.

 It’s just that the way it’s used is wrong, but the system itself is excellent.

 In the future, if we could use file-sharing software like Winny to distribute files on P2P networks that consider copyright (for example, by allowing files that can only be played with a key), I believe it would bring about a major revolution from the currently dominant “server-client” system.

 Since I also expose my home server to the outside world, I pay particular attention to access restrictions. I’ve had a few failures in the past (and received a few scoldings…), but I’ve used those failures as a springboard to get to where I am today.

 Therefore, if you notice anything inappropriate in the future, I would appreciate it if you would point it out. I will correct it immediately and apply it to future server operations.

 It’s really difficult to draw the line when it comes to things like portrait rights and copyrights, because they seem familiar but aren’t always. Truly.

Agreement on Japan’s first payment of damages, etc., with individual users who illegally uploaded music files on the internet

 Five record labels, members of our association, individually negotiated with five individual users who had illegally uploaded (shared) music (sound sources) to which each company holds rights, using file-sharing software on the internet. As a result, settlements were reached through the payment of damages, etc.
 This came about as a result of requests made last year, based on Article 4, Paragraph 1 of the “Provider Liability Limitation Law,” to 13 internet providers for the disclosure of information (sender information) such as the names and addresses of 44 users. After the internet providers disclosed the sender information, our association’s member record labels negotiated with those users regarding damages and reached settlements. The settlement negotiations were conducted through face-to-face meetings at the law offices of the record labels’ attorneys. From the record labels’ side, it was explained that illegal file sharing infringing on copyrights, etc., causes significant damage to the music industry. Each user expressed remorse and apologized for their careless illegal acts, and submitted a written pledge promising not to commit similar infringements again. Furthermore, settlement money will be paid to the record labels, with an average settlement amount of 480,000 yen per person. This settlement is a resolution that acknowledges the users’ remorse, and it is anticipated that stricter legal measures will be taken against malicious infringing acts in the future.
 Since March of last year, our association has been sending warning notifications via instant messages (IM) to users believed to be illegally uploading music files on the internet using file-sharing software, and the number of IMs sent to date exceeds 7 million. We are also conducting various copyright awareness activities, and as a result, social recognition of the illegality of exchanging files created from commercially available music CDs, etc., on the internet without permission is increasing.
 However, on the other hand, unfortunately, there is no end to individuals repeatedly uploading large quantities of music files without the permission of the rights holders. Our association will continue to deal with the illegal use of music on the internet, which disrupts the “music creation cycle” and leads to the decline of music culture, with a resolute stance.
That’s all

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