File-sharing software developer acquitted of helping copyright abuses+

OSAKA, Oct. 8 Kyodo -
The Osaka High Court on Thursday acquitted the developer of the widely used
Winny file-sharing software of abetting illegal copying of movies, games and
other files over the Internet, reversing the initial guilty ruling by a lower
court that imposed a 1.5 million yen fine.

In the first case in Japan questioning if the maker of file-sharing software
may be held criminally responsible for copyright violations resulting from its
use, the Osaka High Court ruled in favor of the developer, saying its
publication was not intended chiefly to encourage copyright violations.
Isamu Kaneko, a 39-year-old former University of Tokyo researcher who published
the peer-to-peer software, pleaded not guilty, arguing at the high court that
certain technologies are prone to abuse. He also criticized the Kyoto District
Court ruling that found the software inventor guilty, saying it would deter
technological development.
At the high court, Presiding Judge Masazo Ogura said, ''Unless one provides a
software acknowledging that the provided software's main use would be copyright
violations, it would not constitute abetment'' of such violations.
Like the lower court ruling, the high court acknowledged that Winny itself is a
''value-neutral'' software and ruled that the defendant did not provide it to
actively encourage illegal acts.
''Defendant Kaneko was aware of, and admitted, the possibility that some people
may violate copyright when it was published but he also urged that illegal
files not be exchanged.''
Winny was published on Kaneko's website in May 2002. The free, easy-to-operate
platform for exchanging files anonymously via the Net between Winny-installed
computers quickly drew a large number of users. Even now, it is estimated to be
installed in around 200,000 personal computers.
Virus-loaded files have also been exchanged via the platform, leading to
high-profile personal information exposure cases including police documents and
classified defense data.
Kaneko was accused of assisting two users to illegally make movies and other
files available for download in September 2003 in violation of copyrights. The
two users have been found guilty.
The district court found him guilty in December 2006, ruling he ''made Winny
public on his homepage, assisting users to easily violate copyrights.''
Software developers welcomed the Osaka High Court's decision. Shunichi Arai,
director of the League for Software Engineers, who has supported Kaneko, said,
''Had he been found guilty, even technology development to deal with illegal
acts could have been hampered.''
The Association of Copyright for Computer Software, however, questioned the
high court ruling, saying the defendant who developed the software has ''social
and moral responsibility.''
The association noted its position that distribution of peer-to-peer software
as is would lead to copyright violations and that its argument is justified by
the enforcement of the revised Copyright Law on Jan. 1 that stipulates it is
illegal for a person to download and record files knowing they are illegally
uploaded music or videos.
The association said its 2008 survey showed about 96 percent of the files
distributed through Winny could have constituted copyright violations.
==Kyodo