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Winny P2P Software Creator Arrested

News for nerds writes "The author of Winny, the Japanese P2P software with encrypted networking capability, similar to Freenet, has been today officially arrested for abetment of copyright violation, after the raid in the last December. He started its development in May 2002 and occasionally appeared on the web forum 2ch with his anonymous codename "47", but today turned out to be an assistant professor of computer science at the University of Tokyo in his 30s. Winny was so efficient and popular that it generated problems even at the Japanese police and the GSDF. As the Japanese police is the most advanced among the world in pulling P2P into criminal cases, outcry of users in Japan is expected."

101 of 412 comments (clear)

  1. Arrested for... by brokenspark · · Score: 5, Funny

    Should be arrested for naming it whinny.

    You know you were thinking the same thing.

    1. Re:Arrested for... by Anonymous Coward · · Score: 5, Interesting

      It's named WinNY to mark it as successor of WinMX.

      Talk about being up-to-date, the Wikipedia-Article already mentions the arrest.

    2. Re:Arrested for... by CoolVibe · · Score: 4, Funny

      Yeah, he should have named it "YATTA".

  2. English language version of story by Anonymous Coward · · Score: 5, Informative
  3. Well. by modifried · · Score: 3, Informative

    This isn't the first time.

    1. Re:Well. by quake74 · · Score: 2, Informative

      Well, RTFA you linked to. They arrested two users, but now they arrested the creator of the program in question. The legal situation of the two is quite different.

  4. English Articles by Anonymous Coward · · Score: 5, Informative
    The article linked to the in headline is in Japanese. Here are some articles in English: /not karma whoring
    1. Re:English Articles by Mandoric · · Score: 3, Informative

      Winny automatically shares nothing but files in encrypted cache (contains, but is not limited to, files selected for download.)

      However, a recent virus named "KINTAMA" shares both screenshots and LZH files containing the entire contents of the desktop.

    2. Re:English Articles by BJH · · Score: 3, Interesting

      There's one article you won't see in English; the mail that hiroyuki (2ch's maintainer) sent out to the 2ch mailing list.

      According to what he says, at the time that Kaneko (Mr. 47, the developer of Winny) was supposed to have made his comments about Winny being developed for the purpose of anonymous breach of copyright, 2ch didn't keep IP logs (it does now).

      Which means the Kyoto High-Tech Crimes Division is going to have a tough time proving that it was him who made those comments...

  5. Japanese legal system by evanbd · · Score: 2, Informative
    Is there a site with a good overview of the Japanese legal system, and how it is similar to / different from the US one, both in procedures and laws? I see occasional pieces about Japanese legal issues, but am always amazed at how little I know.

    Thanks

    1. Re:Japanese legal system by trezor · · Score: 4, Funny

      IANAL but I think that a very common form of punishment in Japan is to force people to sign up for japanese gameshows.

      Anyone who has seen just glimpse of those should get my point...

      --
      Not Buzzword 2.0 compliant. Please speak english.
    2. Re:Japanese legal system by kubrick · · Score: 2, Interesting

      I recall hearing a while back that Japanese courts had a 99.8% conviction rate. After all, if you weren't guilty you wouldn't have been arrested, right?

      Anyway, Wikipedia has a small article, which backs that up somewhat (and no, I didn't write that part :).

      --
      deus does not exist but if he does
    3. Re:Japanese legal system by subStance · · Score: 5, Interesting

      I have a friend here who uses lawyers in Japan on a weekly basis for reviewing contracts etc, and his comment was that this will take years to even get to court, since Japan is one of the few countries in the world that actually has a lawyer shortage. If you needed any more reasons to move here ....

      --
      Servlet v2.4 container in a single 161KB jar file ? Try Winstone
    4. Re:Japanese legal system by Anonymous Coward · · Score: 5, Interesting

      Reading the words of the Japanese law, or the procedures, will leave you very misinformed. Although it is often the case even in the U.S. that the police will twist the perception of the law, or just blatantly ignore it, this is a much more frequent case in Japan.

      The sad thing is that the Japanese people don't seem to mind it, as long as the media seems to report it as "the right thing to do", and it is a well known fact that the major media outlets do a lot of ass kissing.

      There are exceptions of course, people that understand the severity of the issue, people that lobby against the blatant miuse of legal forces, and the occasional newspaper article that isn't worried about pissing off the gov't. Unfortunately, it's a pretty rare exception.

      The only difference is this time, even the media's first announcements of the incident included some opinion on how this could be a very sticky situation. They specifically mention how the producer of fruit knives aren't arrested just because some dork decides to stab someone with it. The police have compared this to the production of a gun, which they say has only one use: harming people. Personally, I would say it is used for hunting, self defense, and thus has legitimate uses. All that said, the news papers have mentioned that even Winny has positive uses, and although it can and most often is used for the illegal distribution of copyrighted material, it is merely a tool.

      The assistant professor that created this piece has written in 2ch that he made it in order to challenge the way current copyrights work, and the business models behind them. I think his heart was in the right spot, but method was wrong. However, I STILL think he produced a very good package, and whether or not he is willing to believe his own story or not, there ARE positive uses.

      I am actually currently trying to get ahold of his attorney (more specifically, I'm trying to figure out who is attorney is) because I want to stand in court and testify for him. I am a member of a group that has ideas that are contrary to current laws. Our group is civil, we don't break any laws, and we are politically active in voicing our opinion. However, we are also very underfunded, and a majority of the members are scared to speak out in public or offer internet bandwidth for the transmission of materials, especially videos of our public events, because the Japanese police are notorious at using all the tricks in the books to supress free speech. The method we've taken? Winny.

      I would like to stress again that our political movements are NOT ILLEGAL, we do not participate in any illegal activities, and are strictly voicing our opinion. However, there is reason to be scared. I am one that has little to lose over going public, and have actually done so multiple times during various events. And I would like to stand in court and testify because the arrest of the Winny author is in direct contrast to our best interests, and we are an obvious case of legitimate use of the software.

      Many of you may laugh at how "backwards" Japan and it's legal system is. Watch out though, the situation is worsening every day in the U.S., and you may be seeing similar headlines "coming soon".

    5. Re:Japanese legal system by Ralph+Yarro · · Score: 5, Funny

      Why is this moderated as informative?

      10th day of the month. Even number userid. Post has 245 characters, starts with a vowel and ends with a consonant.

      He is asking a question!!!

      Doesn't mention that in the modding tables I use. Are you sure you've got the latest ones?

      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
  6. In other news ... by rubicon7 · · Score: 5, Insightful

    ... Black & Decker has been charged as an accomplice to many murders committed with their tools.

    <sigh> I guess I won't bother trying to write any decent software then, if the possibility exists that I'm to be arrested for it. What would the point be?

    --
    --- We are not in the 8th dimension. We are over New Jersey.
    1. Re:In other news ... by ColaMan · · Score: 4, Insightful
      Probably they're pissed because of this ...

      Japanese police blame document leak on virus
      Posted on Wednesday, April 07, 2004 at 16:56 by Andy Holliday

      Japanese police announced earlier this week that data stored on a private laptop relating to a crime has been unwittingly circulated on the internet.

      The information was stored in 19 documents and even 'wanted' lists that had been compiled by a Police Officer and stored on his laptop.

      According the police, 11 names of actual persons were contained in the documents.

      The police suspect that a virus caused the leak and then the documents were circulated over the internet, probably over the Japanese Winny P2P network.

      The officer in question claims that he received permission to use his own PC for the work but is currently being questioned over the security breach.

      Detailed descriptions of the crimes were said to be included in the documents that were distributed.

      It Vibe
      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    2. Re:In other news ... by 10Ghz · · Score: 5, Insightful
      Anyone but a hypocrite can tell you that most P2P apps are indeed made for trading copyrighted material, much like emulators are made for running copyrighted roms.
      Claiming that they have a lot of potentially non-infringing uses is just an excuse.


      Couldn't you say the same thing about guns? Guns are designed to kill. Pistols particularly are made for just that (do you go hunting with your 9mm Beretta?). Sure you could use them for target-practice and such, but that doesn't change the fact that killing is what they are meant to do.
      --
      Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
    3. Re:In other news ... by -noefordeg- · · Score: 3, Insightful

      "If shoplifting was as harmless and easy to get away with as trading copyrighted material is, you can sure as hell bet I would get myself some free candy every day, and so would millions of other people."

      It's just so very different. If you steal a car or candy, you are actually taking something which have been made by the use of several difference resources, which can -never- be remade/reclaimed and those in charge of making the things won't get anything in return.

      If I copy a file from one computer to the other, nothing, absolutely nothing have been wasted. There are no resources that have been spent. No one will go home emptyhanded because they didn't get paid. No one will lose anything on it.

      It's impossible for, lets say MS, to lose money on people copying WinXP opposed to someone making cars or mp3 players. Because, once you have made WinXP, it's there. The cost of making one or one billion copies of WinXP is the same. the cost of making you candy increases with every bit made. Same for cars or mp3 players.

      Tho I wish MS would enforce their copy protections, because the day everyone would have to pay for every copy of Office and Windows they use, will be the day Linux goes mainstream.

    4. Re:In other news ... by Beautyon · · Score: 3, Insightful

      Guns are designed to shoot bullets efficiently. You can use them to shot anytying, including people. The choice to shoot people is yours, and has nothing to do with the utility of the gun.

      And you know that.

      --
      ATH0 Bitcoin: 1DnwFLXczVZV8kLJbMYoheUrpqHesjxrSi
    5. Re:In other news ... by TyrranzzX · · Score: 2, Insightful

      There's a critical distinction you failed to make; filesharing networks were made to share files. They are used to trade copyrighted material.

      It's akin to the VCR. The VCR has the capability to play and copy video casettes; this is what it was made to do. It's users tend to tape copyrighted video off of the television.

      The point here is relitivally simple, and anyone can see the correlation. You don't ban computers to solve the problem of malicious hacking. Banning computers would do that most certainly, however it'd have other effects such as taking down most of the business on the planet. Whenever you ban something loosly correlated with something else, you take something else out with it.

      The point here is, if you ban P2P networks to take out copyright violation, you also take out other things as well. Ever try typing in "Occult" into a search engine? How about "lead beater" or "blavatsky" or "1984" or "calculus" or "bible" or "SKTFM"? Ever set it for movies and type in "UFO"?

      I take it you haven't, and thusly, I heartily reccomend you promptly pull your head out of your ass, wipe it off and begin using it. Those uses far outweigh your porn and warez needs.

      And finally, if p2p networks were anything like shoplifting, i'd be able to walk into a store and replicate clothing at will from the air that surrounds us for next to nothing.

      Thank you for pissing me off and wasting my time.

    6. Re:In other news ... by Anonymous Coward · · Score: 5, Insightful

      Guns are designed to shoot bullets efficiently. You can use them to shot anytying, including people. The choice to shoot people is yours, and has nothing to do with the utility of the gun. And you know that.

      Um, yes? That was, you know, his entire fucking point?

      Filesharing apps are designed to share files. You can use them to share anything, including pirated movies. The choice to infringe copyright is yours, and has nothing to do with the utility of the application.

      See? He was agreeing with you.

      Man, you gun nuts are almost as paranoid as BSD users...

    7. Re:In other news ... by Tarpan · · Score: 5, Insightful

      Guns are designed to shoot bullets efficiently. You can use them to shot anytying, including people. The choice to shoot people is yours, and has nothing to do with the utility of the gun.

      Filesharing applications are designed to share files efficiently. You can use them to share anything, including copyrighted material. The choice to share copyrighted materials is yours, and has nothing to do with the utility of the application.

    8. Re:In other news ... by inkblot69 · · Score: 2

      P2P networks are designed to share files efficiently. You can use them to share anything, including copyrighted material. The choice to share copyrighted material is yours, and has nothing to do with the utility of the P2P network,

    9. Re:In other news ... by Tuqui · · Score: 2, Informative

      The problem is that he post in 2ch that his program would do a revolution of the copyrights.
      Just if he just shutup and code, there would be no problems at all.

    10. Re:In other news ... by Anonymous Coward · · Score: 5, Interesting
      You may be more correct than you think.

      This Police mentioned in your story is the same Kyoto Police that WENT TO TOKYO to arrest Winny's author, a Tokyo resident.

      Think different states in the US. It is like hearing Chicago Police going to New York to arrest a New York resident. Something must have motivated them so much...

    11. Re:In other news ... by quake74 · · Score: 2, Insightful

      Without going to such violent comparison, I believe a more fitting reference is photocopiers. You can photocopy a book and take it back, just like with files. And yes, that book could be protected by copyright, yet nobody is arresting (or even suing) people at Xerox. Does anybody know what are the rules governing this situation? Is the Staple's manager liable for allowing you to do this at a selfservice machine?

    12. Re:In other news ... by NoMoreNicksLeft · · Score: 2, Insightful

      You and the boss had a pre-existing agreement. Worse, if you happen to work in a factory or something, does everything you assembled now belong to you?

      No such agreement exists between Britney Spears and myself. Worse, the generic agreement that should exist between me and her (14 years renewable to 28, fair use, etc) has intentionally and maliciously been twisted to the point that it's not even close to being fair. Because of that, I consider that generic agreement null and void, and whenever I feel like it I'll copy anything I can figure out how to. If Britney can't pay her cocaine bills because she still believes this agreement in force, or if she tries to sic police forces on me, because I'm not adhering to it, too damn bad.

      Musicians should get paid because they play music, not because some 11 yr old arranges the bits on his hard drive platter in a certain way. That would fix the Britney Spears problem too...

    13. Re:In other news ... by orangesquid · · Score: 4, Insightful

      BitTorrent is the often the only way to get Slackware ISOs nowadays... and it's perfectly legitimate.

      When I used to use Sega Genesis emulators, it was mostly because I would compile things with gcc-68k and then see if I could talk to the Genesis video processor and get it to do what I want.

      *shrug*

      But then again, I usually drive <=55 in a 55 MPH zone. Most people around here don't.

      Does that make me a "pussy"/"fag"/"asshole"/buzzword-of-the-week?

      (Apologies to any females or homosexual men who read this post; I just needed to prove a point)

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    14. Re:In other news ... by lordmage · · Score: 2, Insightful

      The difference between Guns and other items like Cars (Cars kill) and such... is that in the US Constitution there is a line that states clearly that all citizens have the Right to Bear Arms.

      Me.. I choose not too.. however, the 30,000 gun laws are already impinging on that right to try and take it away.

      p2p filesharing is not in the US Consitution. Thus it is not a right of a citizen to be able to share files, thus you have to try and shove the "right" under something else.. like free speech or freedom of the press.

      Obviously this is from a US perspective.

      --
      I can program myself out of a Hello World Contest!!
    15. Re:In other news ... by rimbaldi · · Score: 3, Informative
      If I copy a file from one computer to the other, nothing, absolutely nothing have been wasted. There are no resources that have been spent. No one will go home emptyhanded because they didn't get paid. No one will lose anything on it.

      Your logic is flawed; it is a subset of the broken window fallacy. In your line of reasoning, you claim that people benefit from free copying of software, and no one gets hurt. This neglects the opportunity cost for software makers.

      The success of capitalism is dependent on the practice of certain theories of economics. One of the most important is the concept of opportunity cost vs. accounting cost. For the purposes of this discusson, accounting cost is more like actual cost. While it is true that resources are not consumed in copying bits, the vast number of companies that depend on any sort of Intellectual Property would go out of business if that is all they paid attention to. To survive, companies must take into account the amount of money they lose based on the course of action they take.

      For example, I decide I want to watch TV. But I could have spent my time selling subscriptions to slashdot. There is an opportunity cost of the money I could have made with the time I had.

      In the case of Microsoft, they could do nothing and let people copy their software, or they could enforce copy protection. There is a huge opportunity cost between the two courses of action.

      The reason this affects you is that it is one of the hidden assumptions of our economic system. You might not care about Microsoft, but you certainly would care if someone broke your bedroom window and claimed they benefited society. Now, you might not be claiming to benefit anyone but yourself by stealing software, but to claim no one is hurt is short-sighted.

    16. Re:In other news ... by NoMoreNicksLeft · · Score: 4, Insightful

      My own personal issue, is Apple II software. Most of the early stuff would have become public domain here in the next few years, and we could legally start to archive it before bitrot steals it from humanity forever.

      This is something that is impossible to do hiding in the shadows, because warez kiddies simply don't care about it. Add to that, trying to rescue obscure titles, when doing so would be illegal, and that can be a problem for some grandma that has that old disk in her attic. How much will be lost, and even if its 0.0001%, who knows if that will end up being important somehow?

      You, you'll drag out all sorts of lameass arguments though. Who cares about 30 year old software? Some authors are making it public domain (wow, 1 out of 100). No one uses these computers. You should buy it through ebay (better act quick, if you wait til June will summer heat finally flip that one bit?). Maybe you'll trot out the "sacrifices have to be made, to protect the greater Britney Spears albums" bullshit.

      As a grown adult, a taxpayer, and a human being with just as much right as any songwriter, you're damned straight I judge who should get paid for what. I have a brain that works, and when I see a elementary school teacher getting paid $19,500 a year, and an athlete playing a child's game 3 months out of the year for $50 million, not only am I allowed to say "What the fuck?", it would be wrong not to.

      On that note, maybe the issue of songwriting is a worthy one, maybe not. But it seems to me that it could be solved more fairly, more efficiently, without shackling me to eternal copyrights, database copyrights (did you know they were making a comeback?), and all the other stupid shit the corporate lobbyists can dream up.

    17. Re:In other news ... by clambake · · Score: 2, Insightful

      What about the time and effort of the people who created that file that you just downloaded. Did they not lose anything ?

      Ok, I just copied a song, how much did they "lose"? Let's say all they lost is a penny. Ok, fine. I just wrote a perl script to constantly copy that one song over and over again for the rest of eternity, now how much are they losing? Well, a penny multiplied by infinity.... WHOAH, these song writers are the richest people on the damn planet, in the universe even! Are they paying thier taxes on that infinite money they just lost?

    18. Re:In other news ... by hanssprudel · · Score: 3, Informative

      But the guy wasn't arrested for running Winny, he was arrested for writing it, so your argument is a complete strawman.

    19. Re:In other news ... by finkployd · · Score: 4, Informative

      Someone commented about recording artists... They are under the same guise. Concerts and tours (in general) are not large money making operations, they are advertising. That advertising results in album sales, which are the real revenue stream.

      Nope, the artists generally make their money with merchanise and concert sales. The record producer makes the vast majority of the money from the album sales.

      Finkployd

    20. Re:In other news ... by NichG · · Score: 2, Interesting

      Opportunity cost is itself a flawed concept, or at the very least can't be used in an argument about making ends meet. For example:

      Let's say I make a $30000/year salary but I could make a higher salary based on choosing a different job, and what I need for survival is $20000/year.

      Now, my immediately available resources are that 30k/year, which is sufficient for me to survive. As I become aware of the money I could be making (i.e. my opportunity costs are more accurately determined) that doesn't change the answer to the question: do I have enough to survive? So even if my opportunity costs grow, they're always met by the growth of the number from which they're subtracted.

      In the case of music sales, lets say that an artist has 10 dedicated customers who always buy their new songs, and they make new songs at a constant rate. The income from that would be roughly constant (barring inflation, ...). Now, for every person who downloads a copy of one of those songs instead of buying it, there is an associated opportunity cost. However, there is also an associated resource which is brought into the system (i.e. that the person could buy the song means that the maximum the artist could make has also increased). So the net is zero, and answers to questions that hinge around reak monetary values aren't changed.

    21. Re:In other news ... by -noefordeg- · · Score: 2, Insightful

      "That is utter horseshit."

      No, it is not. MS can't lose money on already made versions of Windows.
      They can get in a situation where there is a decrease in their potential group of buyers.

      Also remember, you won't get any money from people who don't have any money. So if the entire population of Africa pirated WinXP do you think MS would lose much potential income? No.
      What am I getting at?
      The point is that COMPANIES will make software companies money. If the entire Siemens Corporation was caught using pirated WinXP copies MS would sue them for billions, so they simply don't copy it. They buy it!

      In your mind you actually seem to believe that since I copied 3D Studio Release 4 the maker of the program 'lost money' because of decrease in it's potential revenue. But it didn't. I was never in their group of companies/people who they considered their potential revenue.

      It's impossible for a software company to lose money once they have their product finished by people copying it. Because it's there. No one is stealing their product.
      They are just getting a stream of bytes. Only possible way for someone to lose on this would be if you didn't pay the ISP, which would lose money on their service.

      Problem arises tho, when companies start pretending that every living person belong to their potential revenue source. Of course they'll start 'losing money' then. And even more problems surfaces when they start using budgets based on that insane buyer group.

    22. Re:In other news ... by timeOday · · Score: 2, Insightful
      Couldn't you say the same thing about guns? Guns are designed to kill. Pistols particularly are made for just that (do you go hunting with your 9mm Beretta?). Sure you could use them for target-practice and such, but that doesn't change the fact that killing is what they are meant to do.
      Yeah, so? In the US we have the right to kill people under certain conditions, and that's how it should be.

      Now, if the only purpose of guns was murder, then you'd have a point.

    23. Re:In other news ... by -noefordeg- · · Score: 2, Insightful

      Ok....

      "Work is a resource. Time is a resource."
      They are both relative. So it's very hard to measure work and time and then require to get a fair pay. Also, artist do what they think is fun. I train martial-arts because I think it's fun. Never did I believe I would do it because I would get money. Same for artists. (trying to make money of it is a different story)

      You say:
      "Don't fool yourself into thinking that your actions have no consequences."

      Since you say you are a musician, lets try out a simple experiment. I've got one of your songs here. And now I copied it 40 times. On 10 different computers. To 5 different people.
      How much did you 'lose'?
      Nothing! That's right. Nothing. You don't even know it has happened........

      Don't you see? The problem isn't that we won't have new music or that people will stop writing music. Maybe you will stop writing music, but then I don't think it would be a big loss because if that was the case. It's obviously nothing you think is fun if that was to happen....

      Where does it say that musician should earn tons of cash or actually be required to earn anything on their music. They are artists. Makers of art. I know artists who has a ordinary job to get money and do their art on their spare time. There is no human right that says you are required to get paid to do what -YOU- want. BUT.....
      With that out of the way, lets go over to the important part. The record companies. It's they who start out with a totally wrong image of what group will be buyers. It's they who spend tons of cash on promoting etc. So they are the ones who -NEED- cash and lots of it. And of course, even tho you don't have to make money of your art you sure as hell don't want to see other people making money from your work of art. As I see it here is the problem. Companies getting greedy. Artists seeing that someone is making money but not them and trouble arises.

      Remember: People have money. Money which do not get spent have no value. So people will spend money. Just make something that people want and will pay for. But at least have the balls to let people know what they are getting before trying to sell it to them. If not I'll believe you think that your 'product' suck and therefor are trying to fool us into buying it. Current CDs, DVDs, movies and other digital media won't let us, except if we download it.
      I've stopped going to the movies, because that's one place I have a hard time getting my money back when the 'product' I bought sucked big time. 4 months ago I actually demanded to get my cash back because the movie wasn't even close to what the trailer promised.

      As you said: "Work is a resource. Time is a resource." Well. Those resources aren't worth squat if I don't enjoy your product. Because movies and music I buy for my enjoyment. So if I don't enjoy your product, something is wrong. And it's your product which is at fault. And since enjoyment is relative to we have a big problem.
      Too bad you can't see this.

      I'll still stand by my statement. When MS has made WinXP it's impossible for them to lose money on it by someone copying it.
      This statement is 100% true. No matter how much work went into it or bla bla bla.

  7. Abating what exactly? by Anubis333 · · Score: 5, Insightful

    I don't understand, does this mean that if I develop a really great and cheap duffelbag that I can be arrested if it's used by a bank robber?

    Why not sue the computer manufacturers for abatement as well? There are any great uses for P2P, it is a great way to distribute music and video you have created, and I have distributed many animated shorts I have worked on via bit torrent etc...

    How long will it be before someone sues the makers of a web browser, FTP, or IRC app for 'copyright abatement'?

    1. Re:Abating what exactly? by Anonymous Coward · · Score: 2, Interesting
      ... does this mean that if I develop a really great and cheap duffelbag that I can be arrested if it's used by a bank robber?
      In Japan, yes you could, if you had special features particularly targetting bank robbers (say, a dye-pack resistant lining to prevent exploding dye packs from getting on the robbers' clothes) and had reasonable knowledge that your duffelbags were being used for illegal purposes.

      When you read the English translation of the original Japanese article, a particular bit will jump out at you (human translated here):

      The kitchen knife, which is for cutting vegetables, can also be used to injure a person. The person who kills and wounds is the one accused of the crime, but in Japan, posession or production of items is prohibited when it is known they will be used for illegal purposes.

  8. Winny by Inigo+Soto · · Score: 5, Informative

    From pario (675744) in a previous article:

    [quote]
    Since Winny is pretty much unknown outside Japan, here is some background information for slashdot readers: Winny is a P2P file sharing program created by a Japanese programmer, who still remains anonymous to this day. It came out two years ago as an attempt to share copyright-protected materials "safely" when somebody was arrested for using another P2P program (WinMX). Since the application was extremely well designed and almost anything is available on its network, from movies to software, it has become immensely popular in Japan, so much so that there are a dozen book available on how to use it and network traffic in the country was down 20% after the news of the arrest broke. As for the reasons why the police was able to identify those two people who were arrested, they used an extra bulletin board feature, which does not guarantee anonymity unlike its file transfer feature, to distribute a list of warez videos. Therefore, I don't think this news has anything to do with the validity of Freenet's technology, or with that of Winny's for that matter.
    [/quote]

  9. What has he done again? by ducklord · · Score: 4, Insightful

    Well, maybe I didn`t quite get it right, but in what way exactly is what he`s done illegal? Or is it just because he made it difficult for them to crack the network he`d created that they wanted even more to "crack him", as an example? Believe you me, maybe that will be the start of a new row of attacks from RIAA and MPAA towards program creators.

  10. See Also by Anonymous Coward · · Score: 4, Informative
  11. Re:Oh no! by Anonymous Coward · · Score: 2, Insightful

    We have been saying that the amount of non-infringing use MUST increase if anonymity and P2P is to remain legal.

    But nobody has any viable solutions.

  12. Re:Oh no! by Anonymous Coward · · Score: 4, Insightful

    So you're saying that because software is used in a certain way, the author of said software is guilty of the same crime by implication?

    In that case, better lock up everyone who contributed to the design and development of TCP/IP right now!

    And I'm sure "the terrorists" have used MS software at some point as well ...

  13. Controversial by watanuki · · Score: 5, Insightful

    His arrest is controversial since there was no mention that he participated in sharing files, only for writing (and updating -- an argument used by the police that his act was deliberate) the software that enabled file-sharing.

    1. Re:Controversial by watanuki · · Score: 5, Insightful

      Also it is reported that there are magazines and books that teach people how to use file-sharing software. It can probably be argued that if creating the software is guilty, teaching people how to use it is guilty also.

  14. Army Papers? by Trailwalker · · Score: 2, Informative
    The Mainichi Shimbun daily has said some 200 categories of confidential information, such as internal army documents and wages for postal workers, have been circulated among Winny file sharers.
    I suspect that the police are not all that worried about music and video files. The circulation of military and government info would get him in trouble almost anywhere.
    1. Re:Army Papers? by ducklord · · Score: 2, Insightful

      Well, the argument is the same: he didn`t distribute them, he created the means of distributing them - and that isn`t, exactly, illegal. It`s, like other people allready said, like suing a knife maker because a blade of his was used in a murder.

  15. Who invented FTP? by trezor · · Score: 4, Insightful

    He should be arrested as well. I mean c'mon! Who haven't had a private FTP-account long before the P2P-concept were even thought of? Or Gopher? I am sure some copyrighted literature has been made availble by gopher!

    If creating technology that allows material to be pirated is a crime, I suggest all manufaturers of CD-R(W)s, DVD+-R(W) with associated burnes, harddisks, floppys, floppydrives, tapes, tapeplayers, dats, lossy as well as non-lossy data-compression technologies, not to mention microphones and every single net-capable electronic device be arrested pronto.

    After all they're facilitating copyright infringement. Even digitally one might add for most of them!

    /think's more and more these days that law-enforcements agencies are wankers.

    --
    Not Buzzword 2.0 compliant. Please speak english.
    1. Re:Who invented FTP? by MooCows · · Score: 5, Informative

      Actually here in the Netherlands, if you buy a recordable medium (CD-R for example) you pay extra for it.
      It's called (rough translation) the "home copying foundation".
      It requires every recordable medium to have a special kind of 'tax' which is divided among copyright holders.

      This might sound bad.
      However, this also makes it legal to copy anything as long as you don't give/sell the copies to others. (so for now, no DMCA here. hurrah)

      --
      The path I walk alone is endlessly long.
      30 minutes by bike, 15 by bus.
    2. Re:Who invented FTP? by Troed · · Score: 2, Interesting

      We have the same thing in Sweden - and that tax will INCREASE when we get the European DMCA (EUCD) equivalent next January.

    3. Re:Who invented FTP? by trezor · · Score: 3, Insightful

      That sounds to me like the European RIA get's a free lunch, another free lunch and to deny everyone else the lunch they've allready paid for.

      Is there btw any possible way I can cease to be an individual and become a corporation? Seems benefitial these days...

      --
      Not Buzzword 2.0 compliant. Please speak english.
    4. Re:Who invented FTP? by trezor · · Score: 3, Insightful

      Denying what's actually the truth really gets you nowhere, and yes most P2P-nets are currently used almost exclusivly for warez.

      With the exception being BitTorrent. And I can tell you why that is. BitTorrent can be integrated into your webbrowser so that it's almost like downloading and ordinary file via FTP/HTTP. This makes it hell more likely you get what you ask for and gets what you've been told. And it even makes sense. Want something from Blizzard? Go to blizzard.com.

      Going on a random P2P-net, requirering you to specificly start a P2P-app and then searching for stuff, filtering the trash, makes it less usefull for legeitemate purposes.

      For legitemate P2P-uses to catch on, they'll need browser-integration. That'll actually make things so easy your average "stupid" Joe won't even notice he's using P2P. That's why commercial vendors who have chosen to use P2P have chosen BitTorrent.

      At least that's my guess and my opinion.

      --
      Not Buzzword 2.0 compliant. Please speak english.
  16. And we see by achurch · · Score: 3, Interesting
    that the Japanese government is as much under the thumbs of Japanese content companies as the US government is a tool of the RIAA/MPAA.

    No, I'm not bitter about this coming up after having decided to move to Japan. sigh...

    (Well, to be fair, Japan's copyright law does have a clause allowing personal copies, which is recognized as valid by pretty much everybody, and which even the local press is mentioning in their articles on this, like this one. But they also have a DMCA-like clause that pretty much negates its effect for encrypted stuff.)

  17. English Translation by Anonymous Coward · · Score: 5, Funny
    Here is a machine translation of the original article. (Yes, it does read a lot like an instruction manual for a consumer eletronics device.)

    Winny developer to arrest the Kyoto headquarters of police, 30 generation Tokyo University assistant domestic beginnings

    Assuming that file sharing software "Winny" of the personal computer which exchanges the data of the popularity movie and hit tune etc. () by the fact that it develops, the illegal copy of the movie and music was made easy the Kyoto headquarters of police high-tech crime measure room and five provision stations, in doubt of the Copyright Act violation one help, requested option accompanying from Tokyo large assistant of 30 generations of the Tokyo residence even in 10th morning, set the policy of arresting. As for , being free on Internet, the program software which is open. As for questioning the software developer to "the one help" of the Copyright Act violation the domestic beginning. Stand case in the criminal incident of the joint ownership software developer almost there is no example even in the foreign country.

    When the infringement of copyright which worldwide used the file sharing software has swaggered although you feel concern the administration of justice judgement even internationally for the illegal characteristic of the file sharing software has divided, it may call discussion centering on propriety.

    That the file sharing software where with investigation of prefecture police/policing, as for Tokyo University assistant, anonymous characteristic is higher than past, is difficult to be exposed by the police opening will be sent plan. The major bulletin board of Internet with "2 don't you think? as development program is announced the ", 2002 May, it released the software of to itself home page. Using , as for Tokyo University assistant with no permission, the doubt which makes exchanging the data which infringes the copyright of the movie and the game etc. easy has in the literary work authority e.g., the salesman of Gunma prefecture (41) the inside = and others of the trial releases the data of the popularity movie to the many and unspecified persons person illegal with crime of = Copyright Act violation.

    In addition, as for prefecture police/policing the policy of starting the forcing investigation of several places such as Tokyo University graduate school information science and engineering type postgraduate course even on the 10th.

    Tokyo University assistant is special information processing engineering. It is called "47 people" with the net bulletin board, "the file sharing software which gradually can actualize anonymous characteristic appears and does not change the concept regarding present copyright the expectation which is stopped obtaining. It probably is about to try boosting the flow by your?", and so on with, development intention of had been explained.

    * Infringement of copyright, the judgement which cracks internationally

    The kitchen knife also and, can also be able cut the vegetable damage the person. Those where you accuse of a crime to the person are just the execution doer who kills and wounds. The handgun the person other than killing and wounding, in Japan the possession and production is prohibited with purpose. The Kyoto headquarters of police this time, the developer of the communication software, as for with "one help" of the Copyright Act violation it finishes stepping on in stand case, in the same software net society, it is equal to the development "of the handgun", that you probably can say that it judged.

    As for , as for the data which is exchanged the necessity for the user to register to the provider without, it is entirely encoded. As for the prefecture police/policing high-tech investigation room, Tokyo large assistant who was developed the major bulletin board of Internet to "2 don't you think? from the speech

  18. Oh man, I feel bad for this guy. by Anonymous Coward · · Score: 5, Interesting

    This guy is screwed! Japan has a conviction rate of over 90%. Why? I dunno, check this: (http://econwpa.wustl.edu/eprints/le/papers/9907/9 907001.abs)

    1. Re:Oh man, I feel bad for this guy. by mangastudent · · Score: 2, Informative
      [...] I had heard that Japan has a conviction rate around 99%, but never seen an explanation for why (for those too lazy to read the link, probably because prosecutors are underfunded, and so only go after the low hanging fruit). One thing that was implied that I just want to clear up: do judges issue verdicts in Japan? Is there no jury system?

      Bingo; judges issue verdicts, and judges who don't convict don't get promoted. (Less reliably I've heard that usually the major objective of defense lawyers is to avoid upsetting the judges....)

      But judges don't see most cases; the coerced "confession" rate is (from memory) over 80%, the total combined confession/conviction rate is 99+%. Bascially, if you aren't powerful, you're totally at the mercy of the police; if they decide to charge you that's almost always "it".

      (As a side note, this uniquely polite police state also has the usual corruptions: the police are lazy (e.g. they didn't seriously investigate the early nerve gas test by the cult, they don't need to be careful about finding the right perp since it doesn't affect their case closure rate, etc. etc.), and they don't have very much power, so the powerful are usually off limits, including the yakuza (organized crime, which cut a deal with the LDP in the '50s to keep the unions in line and Communist free (the latter was important back then)...).

    2. Re:Oh man, I feel bad for this guy. by Sangui5 · · Score: 5, Insightful

      The high conviction rate comes primarily from the way job performance and opportunities for advancement happen in the Japanese law enforcement/legal system.

      At the level of the individual officer, your job performance is how many "good" arrests you make (those that lead to convictions), and how many "bad" arrests you make (those that do not lead to a conviction). Making a bad arrest is essentially a career-killer. So, they are very careful to only arrest those against whom they have a watertight case. Somewhat more negatively, anyone with enough political influence that they *might* be able to get off won't be arrested at all. Organized crime figures are essentially immune to investigation from lower-level law enforcement--they can't get a conviction, so they don't even bother. Most negatively is what happens when a truly innocent party is arrested. There is intense pressure to build a case regardless of actual guilt or innocence. What percentage of innocent suspects are railroaded by the police is unknown, although probably not too high.

      At the next level is the prosecution. Again, convictions are good, and failed attempts at prosecution==dead career. Additionally, as the parent post notes, there is a limited budget to bring about a prosecution. So, the prosecution ends up cherry-picking cases. Compounding the success rate is that (as elsewhere in the world) the police generally won't arrest anyone with the prosecuting attorney's OK. Again, this has the negative effect that "hard" cases aren't even considered, and there is the occasional attempt to railroad an innocent suspect.

      At the last level is the judiciary. At this point, potential cases have been through two very stringent filters. The trial is almost unnecessary at this point, but judges do occassionally acquit. As the parent post notes, judges who acquit end up with worse careers. The analysis says this isn't based on acquitting the innocent, but to acquitting on "reasons of statutory or constitutional interpretation, often in politically charged cases." However, it seems that nearly any case with an acquittal is "polically charged" since the prosecution will use politics to their advantage in a weaker case.

      Overall, the Japanese criminal legal system has some serious problems. Most of the problems come from the inability or lack of desire to attempt any "hard" or "weak" cases, but some comes from aggressively pushing a case which shouldn't have been brought in the first place. On the other hand, it mosly works. Overall crime and incarceration rates are low, and success is the hardes metric against which to argue. Still doesn't mean that the Winny author has a snowballs chance of getting off.

  19. Coincidence? by SushiFugu · · Score: 2, Interesting

    Slashdot posts story about 2ch. Next story is about 2ch user "47" being arrested. Coincidence? I THINK NOT! :)

  20. He should move to a free country by iamacat · · Score: 4, Insightful

    Maybe not US anymore, but some place where writting multi-purpose software that protects privacy is not a crime. Japan's loss, that country's win. I just hope he doesn't have to spend long time in jail first.

    1. Re:He should move to a free country by BiggerIsBetter · · Score: 4, Insightful

      Funny isn't it? The so-called 3rd world will probably be the next safe-haven for software development. Seems like all the "developed" countries are bending over for the companies and for international trade deals that require the same.

      /yes, my country is doing that too - and very quietly, all while touting an IT industry windfall Real Soon Now...

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
  21. Was there intent? by Anonymous Coward · · Score: 4, Interesting

    Was this software built soley and intentionally for sharing copyrighted works? If not, this is a frightening story. I've written software that would now be called "P2P". Then, nine years ago, it was called a distributed system (as opposed to client/server). The problem is, it could easily be used for sharing copyrighted works, although back then that use didn't occur to anyone.

    So, does intent matter any more and how does it apply to this case - or can we expect anyone involved in (for example) the design of TCP/IP to be hauled into jail? It's the logical next step.

  22. Re:Oh no! by OlivierB · · Score: 4, Insightful

    Well Lindows for one offers a discount for their os when downloaded via BitTorrent.
    Also Blizzard Interactive should be offering game patches via BT as well. (couldn't bother to find the sources but you get the idea).
    Kazaa had announced an agrement a few months ago to distribute short films via it's network.
    A french movie producer recently introduced a "fake" bootleg version of it's movie on all p2p networks. What it was in fact was a Sort of Making of with exclusive interviewa from the actors. The tone was pretty much "you should rather support the movie by going to the theatre etc.." Was a great success from what I heard.

    But yeah I agree totally with you. P2p networks are 99% used in an illegal way.

    Yet philosophically I adhere to the idea of a self maintained network, not server reliant and thus not censurable.

    --
    Artificial intelligence is no match for natural stupidity
  23. The Slashdot Japan's story by Snowy_loves_you · · Score: 2, Informative

    The story of this arrest was posted in Slashdot Japan. And there are a lot of comments.

    Notice: The article and comments are only in Japanese.

    --

    ----------
    Slashdot Japan
    http://slashdot.jp/
    snowy
    http://slashdot.jp/~snowy/

  24. A shame by Zarxrax · · Score: 5, Informative

    I feel really sorry for this guy. I wonder if there is anything he can do to fight it? I havn't heard particularly favorable things of the japanese legal system. Winny was an excellant P2P program though. Anything you wanted, you could download, FAST. It was a great concept and would be interesting to see other P2P software take the same approach. Sharing was pretty much mandatory... but you couldn't see who you are sharing with, or what files they are downloading from you. But the ease of downloading is what truely amazes me the most. On a network like eDonkey, you can typically wait for hours before your download even starts, then have the download trickle across at 5kb/second. With winny it was INSANE. Downloads often started immediatly, and you normally get download speeds in the 20-50kb/sec range. It's entirely possible to download complete DVD ISOs in a day. And thats the reason it had to be shut down :|

  25. Winny vs Freenet... by Kjella · · Score: 5, Informative

    ...first of all, Winny is a Windows-only, closed-source program. While the author has taken some of the concepts from Freenet, none of the actual code. The BBS that caused them to be captured has no equal in Freenet, any BBS-like places you may find there is purely "userspace" running on top of Freenet.

    Winny was designed to be very difficult to use outside Japan, not only was it exclusively in Japanese but it also refused to work on international systems with Japanese support (hint: You had to have japanese code pages by default, doable but not easy).

    The network itself is still operational, but naturally there won't be any more development. Like Freenet, you could find pretty much anything there, but that didn't seem to bother the Japanese quite as much as the Western world, at least it was very popular.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  26. Not "47", but "Mr. 47" by Snowy_loves_you · · Score: 3, Informative

    >He started its development in May 2002 and occasionally appeared on the web forum 2ch with his anonymous codename "47", ...

    No.

    His codename is "47-shi". The pronounce is "yon-jyu-nana-shi"

    It means "Mr. 47" in Japanese.

    --

    ----------
    Slashdot Japan
    http://slashdot.jp/
    snowy
    http://slashdot.jp/~snowy/

    1. Re:Not "47", but "Mr. 47" by Kusunose · · Score: 4, Informative

      >His codename is "47-shi". The pronounce is "yon-jyu-nana-shi"

      Wrong. His handle is "47". People call him "47-shi", adding "-shi" as a honorific.

    2. Re:Not "47", but "Mr. 47" by Snowy_loves_you · · Score: 2, Informative

      >adding "-shi" as a honorific

      It's sure that adding "-shi" is usually a suffix as a honorific, but in this case, people do not use this term as a honorific. They use as a formalistic style. So, some of the Press call him "47-shi".

      But the situation is ambiguous and uncertain. So we can admit both of names, I think.

      Thank you, Kusunose.

      --

      ----------
      Slashdot Japan
      http://slashdot.jp/
      snowy
      http://slashdot.jp/~snowy/

  27. "This software is so good it's illegal!" by Lord+Kano · · Score: 2, Funny

    That's all he needs to say and he'll make himself rich by selling it. Well, at least rich enough to pay a good lawyer.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  28. Re:Pig fuckers by t_allardyce · · Score: 2, Informative

    Hes been arrested for conspiracy to commit copyright violation (whatever that means) which i guess means "making something that we have decided is only for commiting criminal offences". Why boycott software??

    --
    This comment does not represent the views or opinions of the user.
  29. Threats to research by bcg · · Score: 4, Insightful

    I am a post graduate student who is researching aspects of P2P software. Its a really fertile area for research that is now starting to get seriously damaged by the civil and criminal suits that are getting about these days. I know of one serious research group that has pulled their software, that wasn't even file sharing related, due to fears of being held accounatble for its use. I also have not released anything due to fears of retribution (and my stuff has bugger all to do with filesharing also).

    I would like to extend my Masters research into a PhD but is it going to have a future for long enough? I hope that this will settle down and go the way of the fears of video tapes, PGP, cd burning, etc... But in the mean time research that will benefit ad hoc networking will suffer.

    It will be a sad day if everything P2P is banned - I wonder if those companies with miss chat, dns, nntp, etc

    1. Re:Threats to research by bcg · · Score: 3, Informative

      Probably best summed up by Andy Oram:

      "The Domain Name System (DNS) is an example of a system that blends peer-to-peer networking with a hierarchical model of information ownership. The remarkable thing about DNS is how well it has scaled, from the few thousand hosts it was originally designed to support in 1983 to the hundreds of millions of hosts currently on the Internet. The lessons from DNS are directly applicable to contemporary peer-to-peer data sharing applications.

      DNS was established as a solution to a file-sharing problem. In the early days of the Internet, the way to map a human-friendly name like bbn to an IP address like 4.2.49.2 was through a single flat file, hosts.txt, which was copied around the Internet periodically. As the Net grew to thousands of hosts and managing that file became impossible, DNS was developed as a way to distribute the data sharing across the peer-to-peer Internet."

      snip

      "The namespace of DNS names is naturally hierarchical. For example, O'Reilly & Associates, Inc. owns the namespace oreilly.com: they are the sole authority for all names in their domain, such as www.oreilly.com. This built-in hierarchy yields a simple, natural way to delegate responsibility for serving part of the DNS database. Each domain has an authority, the name server of record for hosts in that domain. When a host on the Internet wants to know the address of a given name, it queries its nearest name server to ask for the address. If that server does not know the name, it delegates the query to the authority for that namespace. That query, in turn, may be delegated to a higher authority, all the way up to the root name servers for the Internet as a whole. As the answer propagates back down to the requestor, the result is cached along the way to the name servers so the next fetch can be more efficient. Name servers operate both as clients and as servers."

      Oram, A. Peer-to-Peer: Harnessing the Power of Disruptive Technologies Available Online:
      http://www.oreilly.com/catalog/peertopeer /chapter/ ch01.html

  30. Umm.. I think this is a big reason why.. by ohdawg · · Score: 3, Interesting

    he got the shaft.. from the Mainichi Daily News Japan: Winny has already stirred up considerable controversy within Japan this year. In March, a virus swept through the program, picking up investigation records from a Kyoto Prefectural Police officer's computer and whisking them around cyberspace. Other police documents and Self-Defense Force materials have also been spread across the Internet through Winny. Cops probably had a hard on for this guy ever since their investigations records ended up on Whinny..

    1. Re:Umm.. I think this is a big reason why.. by Anonymous Coward · · Score: 5, Insightful

      so what the hell were these cops doing with this shady anonymous file-sharing tool on their hardware anyway - after all, there are no legal uses for this type of application, no?

      The Japanese cops have no-one but themselves to blame there. If someone in the prefecture is using this software to download copyrighted works, then it is time to clean up their own house first.. Same goes for the military. Security is your fucking job, fools!

      Even if the coppers were using an installation of Whinny to keep an eye on what's moving about on it, it does beg one question:
      If an organisation keeps important and sensitive documents on a windows box running shady p2p warez-sharing apps, do you think that they should be trusted with such documents?

      I reckon this is just sour grapes because the chief of police picked up a virus while downloading pr0n...

  31. Re:Oh no! by alien_blueprint · · Score: 5, Funny

    We might actually have to go back to using Usenet and the streets of New York for our bootleg videos and music! How could we do that?

    Easy. We could go to the streets of New York to download The Gangs of New York.

    Alternatively, we could go to the gangs of New York to download The Streets of New York.

  32. A peak in the japanese news... by germano · · Score: 4, Interesting

    The article in japanese says that that's one of the reasons that guns are illegal in japan: can only be used to kill people.
    47 wrote the software, and according to the comments on 2ch the police decided that the motives behind writing Winny were purely copyright infringement, so it is not considered as a knife which can be used for good means, but as a weapon which can only be used for crimes.

  33. what are we going to _do_ about it? by Stallmanite · · Score: 5, Insightful

    I think my RIAA boycot just became a boycot of all copyrighted material*. I will never pay for a license to use again. No movie theaters, video game rentals, the works... until someone fixes this nonsense.

    Arresting scientists crosses the line. I wouldn't feel right supplying the cartells that make this possible.

    * = That doesn't permit redistribution.

    1. Re:what are we going to _do_ about it? by Gramie2 · · Score: 2, Informative

      Maybe you are talking about Buy Nothing Day?

  34. What I don't like about that argument... by Kjella · · Score: 4, Insightful

    Anyone but a hypocrite can tell you that most P2P apps are indeed made for trading copyrighted material, much like emulators are made for running copyrighted roms. Claiming that they have a lot of potentially non-infringing uses is just an excuse. Black & Decker tools are made for construction, and in 99.99% of cases they are used for construction work.

    ...is that according to it, computers should be outlawed. Yes, you heard me. Most every computer out there is a vechicle for copyright infringement of software, audio, movies, pr0n (which is also copyrighted), used to facilitate communication between people or such traffic and so on. Nevermind the millons of PCs that are spamming or infecting others, or anonymizing illegal traffic because they're open relays. All used for crime.

    Same goes for everything running the network infrastructure. The Common Carrier status may protect them legally, but not in this context. They're all massively contrbuting to illegal acts. Right down to the computers running the Internet backbone itself.

    Both private individuals and corporations typically have some form of violation, if nothing more than expired software they use anyway, or more users than they're licenced for, or being zombified spam/virus boxes.

    Like P2P apps, computers in general have legitimate uses. But if you want to talk numbers, they too get drowned out by the fact that PEOPLE aren't law-obidient. That is neither the fault of computers nor P2P apps.

    Welcome to general purpose computing, and general purpose communication. If the majority want to use it for something illegal, what do you do? There's simply no way short of crippling a PC into an appliance, limited to only do pre-defined tasks. If you can program it (even within a DRM-ridden sandbox), you can make it general purpose. And then you're back to square one.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:What I don't like about that argument... by Forgotten · · Score: 2, Insightful

      In my 25 year experience, the primary use of personal computers is piracy. Most software distribution is unlicenced, and as computers have become capable of handling images, music and video in turn, the unfettered distribution of those media has become the foremost use of computers, in terms of CPU time, bandwidth, storage space, and most importantly human hours spent.

      In fact I will go much farther and say that so-called piracy has built the computer industry. Those faster machines, better video cards, mass storage devices of all types, and improved network connections are all driven by the desire to improve the movement of mostly-unlicenced mostly-copyrighted material.

      I draw no moral or legal conclusion from this, but I am entirely certain that the computer industry would not exist, or would be a pale, 10MHz shadow of itself, without the widespread, efficient unlicenced copying of material that has been its one defining characteristic pretty much since Bill Gates first objected to it (and ironically, his company has been the biggest beneficiary in the form of its unbelievable market share).

      People in the media industry who object to "piracy" are hypocritical, deluded, or possibly both. They depend on it, always have, and always will. Piracy doesn't afflict the market; piracy is the market. If more companies realised that, they could probably save a lot on advertising...

  35. The Winny author by News+for+nerds · · Score: 4, Interesting

    is KANEKO Isamu, 33, was relatively well-known in Japan as a talented 3D-programming programmer, too (though it's not known until today that he is the "47"). His personal homepage has many 3D-programming stuff, including flight simulator, realtime 3-D body model generator, PBO-FS(Prototype-Based Object File System), missile simulator, and realtime motion-generation by physics calculation. His academic concern was fast 3D physics calculation, network design, and OS design.

  36. Where to draw the line by dustmite · · Score: 2, Insightful

    Where do you draw the line? It's a slippery slope. One of the most commonly used protocols by far for illegal copying is Microsoft Windows file-sharing (otherwise known as SMB). So by your reasoning, if we can hold the author of a p2p system liable, then we ABSOLUTELY MUST also hold Microsoft liable when it happens on their systems. Or do you have some magic, objective point at which you can draw the line and say "this file-sharing tool good, that one bad"? Sorry, but you have to either deem file-sharing tools ALL ILLEGAL, or ALL LEGAL. And yeah yeah I know that SMB is used in legal ways too, but so are all file-sharing tools.

  37. Re:humour? by Doppleganger · · Score: 3, Funny

    Aw, c'mon.. you gotta admit, "Winny developer to arrest the Kyoto headquarters of police" is a heck of a lot funnier than what actually happened.

  38. Rule 1: Don't brag about defying the law by achurch · · Score: 4, Informative

    Or is it just because he made it difficult for them to crack the network he`d created that they wanted even more to "crack him", as an example?

    That's the major theory currently doing the rounds in the media, but it's also been reported that when he released Winny, he gave as his reason for developing it "to demonstrate why current copyright laws are wrong and help to change them". While I think he has a valid point about copyright [uh oh, are they going to come after me now?], openly showing disrespect for the law isn't calculated to put you in law enforcement's good graces.

    It also seems [Japanese] he's telling police that he "created Winny to foster copyright violations and destroy content companies who are bent only on legal action and don't try to find new business models to protect their copyrights". Take that as you will . . .

  39. Thought police by tkh · · Score: 5, Insightful

    What's disgusting about this Winny thing is that Kyoto Police Department thinks the development of Winny itself is not criminal, but 47's attitude against the copyright law is. 47 had basically said on 2ch that the copyright law must be largely restructured to reflect the digital era and that's a part of the reasons why he wrote Winny.

    Japanese constitution certainly ensures freedom of speech and thoughts, but it sounds like KPD is a thought police.

  40. Government files on Winny by achurch · · Score: 2, Informative

    Just for the record, the files that got spread seem to be the result of a virus sent over the Winny network that puts everything on the victim's computer up for sharing, so I doubt the author would get directly in trouble for that.

  41. I'll laugh at what I want to laugh at, dammit! by grepistan · · Score: 3, Funny

    Thanks, it's good to see someone else who found the machine "translation" more amusing and interesting than yet another 'shocking news: people are cracking down on piracy any way they can'. *yawn*. I've heard it a lot lately to be honest.

    I particularly liked the line
    > The kitchen knife also and, can also be able cut the vegetable damage the person.

    Not sure that they would find it all that funny in Abu Ghraib though, poor buggers.

    --
    Real stupidity beats artificial intelligence every time.
    -- Terry Pratchett, Hogfather
  42. Winny means guilty! by zoso · · Score: 5, Funny

    It's funny in polish language "winny" means guilty :D

  43. Technical curiosity by Anonymous Coward · · Score: 2, Informative
    [crossposted from /. Japan]

    Weapons developers feel technical curiosity over the lethalness and strategic usability of their weapons.

    Filesharing software developers feel technical curiosity over the efficiency and anonymity of their software.

    How odd that the latter should be executed in the name of the law, while the former reaps fantastic wealth from military demand.

  44. Re:Oh no! by SFBwian · · Score: 2, Insightful
    You're missing the point. What is the highest source of traffic through tcp/ip? Web browsing? FTP? News? Home networking? Office networking? Games? That's a lot of traffic.

    The grandparent is speculating that decidedly most of the traffic through P2P applications is used to facilitate copyright infringement of movies, music, and games. Compared to the internet at large, this is not a lot of tcp/ip traffic, and there should be some way of eliminating illegal uses of the programs.

    Also, you were quick to put words into his mouth. He never specifically stated that P2P application writers should be arrested, nor really even implied it.

    --
    I'm looking to get rich. I've got steps #2 (????) and #3 (PROFIT!) planned out, but am having trouble coming up with #1.
  45. Uh oh. by Fortyseven · · Score: 4, Funny

    This disturbs me for one very obvious reason.

  46. Operative words - by SmurfButcher+Bob · · Score: 4, Insightful

    > Police said Kaneko was arrested because Winny
    > allowed a 41-year-old man from Takasaki and 19-year-old
    > from Matsuyama to illegally download pirated
    > games and movies from the Internet,

    So... arrest IE, Mozilla, Netscape, Opera, WSFTP creators...

    --

    help me i've cloned myself and can't remember which one I am

  47. Re:Oh no! by LittleBigLui · · Score: 4, Funny
    Easy. We could go to the streets of New York to download The Gangs of New York.

    Alternatively, we could go to the gangs of New York to download The Streets of New York.


    You just used "download" as a synonym for "illegally obtain". We have a job offer for you, please send your CV/resume immediately.

    Best regards,
    the Record Industry Association of America.
    --
    Free as in mason.
  48. Re:Oh no! by Dimensio · · Score: 4, Funny

    What is the highest source of traffic through tcp/ip?

    Porn.

  49. Does Freenet break it's own licence? by PhilHibbs · · Score: 2, Interesting

    I can specifically decline to accept the GPL, and my additional rights to the software terminate at that point. However, this still permits me to use the software that I have legitimately acquired.

    The Windows Freenet installer will not let me past the GPL licence screen until I click "I agree".

  50. For those who doesn't understand Japanese... by Mind+Booster+Noori · · Score: 2, Informative

    You can read the news in English here.

  51. Re:Oh no! by black+mariah · · Score: 4, Insightful

    Hey! A non-moron replied! P2P apps show the hypocritical bullshit that Slashdot is infested with. The EXACT SAME PEOPLE will complain all day and all night about POSSIBLE abuses of RFID tags and how they should be outlawed because MAYBE someone will invade their privacy and do something illegal, then they'll turn around and defend P2P to the death, despite about 95% of all P2P traffic being ILLEGALLY traded items. The bullshit part is that they'll argue how you can't condemn a technology because of possible misuse, then they'll go and do exactly that with RFID.

    It's always been accepted that the posession and/or use of items that are used almost entirely for criminal purposes can be restricted. Brass knuckles, lockpicks, radar detectors, and other things have been restricted in some way practically everywhere. If P2P software developers don't get their shit together and come up with ways to get the illegal shit off their networks, the exact same thing will happen to them. The continued facilitation of LARGE-SCALE piracy does absolutely nobody any good.

    --
    'Standards' in computing only impress those who are impressed by things like 'standards'.
  52. Re:Oh no! by RedBear · · Score: 2, Insightful

    Wow, +5, Insightful for that.

    What you're failing to understand is that you can't directly compare the two things that you're comparing, RFID and P2P. I don't like RFID because if it becomes widespread I will be forced to use it in some way, and by using it I can end up placing my privacy in jeopardy, and depending on what that private information is and who detects it, the danger may even extend to my physical person.

    On the other hand, nobody is going to force me to put a P2P program on my computer and use it to do illegal things. Even if I do use it legally or illegally, it's not going to cause privacy damage to any individual who doesn't also choose to install and use a P2P program.

    Also, the potential for RFID to be abused against individuals or groups by other indivuduals or the government is quite high. The "abuse" of P2P systems isn't on the same level at all. The "victim" of P2P abuse is the content holder, and the only thing lost by the content holders is a theoretical potential sale. That's assuming that the copied content was even available to be purchased. Nothing physical has been stolen when copyright is violated. The privacy and safety of individuals is not violated by P2P file sharing. With RFID, both privacy and safety could potentially be violated.

    By the way, copyright violation by individuals in a not-for-profit fashion usually falls under civil laws, not criminal laws. I defy you to name any computer application that can be said to be used "almost entirely for criminal purposes". Software doesn't go around killing people or stealing physical objects or causing physical harm. Even if you put it in the context of computer crimes, the software that is used to hack into other computers is often the same software that computer people use to administrate or secure their own computers. What you're talking about is like wanting to ban crowbars because suddenly a lot of them are being used to commit robberies and murders.

    And finally, it hasn't "always been accepted" that certain objects should be banned because people use them "almost entirely" for criminal purposes. I don'te accept it. I think it's bogus that brass knuckles, lockpicks, radar detectors (are those illegal now?) and other things should be illegal. I notice the crime rate hasn't gone down after the banning of those objects. Might that be because banning the objects fails to address the reasons for the actions of the persons who go ahead and commit the same crimes some other way?

    No object should ever be banned unless it can somehow by its very nature cause harm to others without any human action being applied. It is the action that is the crime, and to keep the crime from happening you have to get to the source of why the person decided to cause the action to occur. I know, we aren't real big on prevention here in 'Merc-uh.

    Getting back to P2P, do you have some answer for all the legitimate file sharers who will be banging on your door after you ban P2P software, asking you why in the name of Pete they are no longer allowed to choose to share anything they own the copyright for? The number of people abusing the system is meaningless, except to give you an indicator that there is some reason for these copyright violations that needs to be addressed. Banning the object is not the answer.

    But go ahead and do it your way. Ban P2P software. Then you can go on your merry way, singing to yourself, "The Emporer does have clothes, the Emporer does have clothes!" Everyone will move to Freenet or its equivalent and completely ignore you. And if you try to ban Freenet and start arresting anyone who uses it (because 95% of the users are abusing the system, of course) you will sooner or later end up with a civil war on your hands, as the educated and rabidly freedom-loving minority realizes they have lost all freedom of expression and have no reason to continue allowing the current government to exist.

    If a law were passed tomorrow