Winny Creator Fined By Japanese Court

[GhostShip]

Some of you may not have heard of Winny but it was a program made by an ex winmx user who believed he could program something even more secure.

http://search.japantimes.co.jp/cgi-bin/nn20061214a1.html

The man who developed the Winny file-sharing program was found guilty Wednesday and fined 1.5 million yen for assisting users in copyright violations.
It is the first case in which a program's creator has been charged over the unlawful acts of its users.
The program allows users to exchange files, including computer games and movies, over the Internet for free.

Prosecutors had sought one year in prison for former University of Tokyo researcher Isamu Kaneko, 36, claiming he developed the program intending to destroy the copyright system and promoted unlawful copying of protected content.
"The defendant made Winny public on his home page, assisting users (of the software) to easily violate copyrights," said presiding Judge Makoto Himuro of the Kyoto District Court, calling the acts "selfish and irresponsible."

But Himuro also said that "although the defendant was fully aware of his copyright violations, it cannot be said that he intended to spread violations." The judge also acknowledged Winny's legitimate usefulness as "meaningful."
He had pleaded not guilty, and his lawyers argued he merely experimented with a new technology and had no intention of destroying the copyright system as he even requested that people not use it for illegal purposes.

"If developers are judged to be aiding crime, absolutely no technological development will be tolerated in the future," one of Kaneko's lawyers said.
Kaneko developed Winny in May 2002 and posted it on his Web site. He was arrested in May 2004.

Kaneko's counsel appealed the ruling later in the day.

I,m sure that the winny program was useful but it does have flaws, the BB (bulletin board) system it uses is the weakest link in tracing users and the accidental sharing of private information has been making headlines in Japan for years.

It does seem strange that the law has assumed the reason for the programs release in this case without a clear statement of intent, I have so far seen no message encouraging copyright infringement but certain organisations are known to make up new "facts" when it suits them.
The amount of yen to pay = $13,000 U.S. so it wont be as bad is it may have first appeared.

[Mick832]

There has to be more reasons why he was found guilty.

I can share files thru Windows Live Messenger, so lets get them to go after the developers of that.

And ty Ghostship.   I don't normally reply to your posts like these, but they often make interesting reading.

[Mick832]

"If developers are judged to be aiding crime, absolutely no technological development will be tolerated in the future," one of Kaneko's lawyers said.

[SamSeeSam]

pity
Hopefully the appeal will bring about something better
13000$ not less either.
I'll bet but that the accusers must have spent over ten times that amount trying to convict them

[Lagerlout666]

Pretty shocking that but if you offer support for criminal activities then what more can you expect.
Somethin we all have to be very carefull of and a leaf taken out of his mistake.

[SamSeeSam]

support for criminal activities?
I didn't read anything about that in the link Ghostship posted...

Cheers

[Lagerlout666]

Breaching and endorsing copywrite is criminal activities but hay another post in the tally 

[GhostShip]

The reason you didnt read it is because as I stated, I have never seen any word from this developer encouraging any sort of illegal activity, we should read carefully before helping the anti P2P folks spread lies and rumours in their propaganda campaigns.

[sid]

"endorsing copywrite is criminal", what? Endorsing means you agree with it and promote it. How is endorsing copyright (note spelling), criminal?

[Lagerlout666]

Thanks for picking up on my spelling mistake sid lol, Im not spreading properganda its just somethin everyone should be awhare of. Especially if you are a creator of a p2p programme. i personally have never looked at his site but if you read that they say he endorsed sharing of copywrite material. Now if he mentioned the such like on his site like other closed p2p companies then he is looking at a telling off. Now forgive me if im wrong but my understanding was that P2P isnt illegal, and running a p2p company isnt illegal, but if you advertise the use of sharing of copywrited material then that was putting yourself in the line of fire. Now if im way off base here point me in the right direction lol

[bughunter]

my understanding from grokster and other legal rulings is that p2p and even a peer cache isnt illegal so long as you dont profit by it...........you can promote p2p generally but cant mention copyright material and or imply that you can download it for free,and as i said mainly that you dont make money from it.............i believe that to be basically correct assesment , but either km or quicks would be best to ask...............

[GhostShip]

As prevously mentioned I dont believe he did any advertising, he was more interested in making a good client.