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Toshiba Employee Arrested For Selling Software To Break Copy Limits
JoshuaInNippon writes "A Toshiba employee in western Japan has been arrested on charges of copyright violations for selling software online that breaks copying limits on certain Japanese digital TV recording and playback devices. The software specifically overrides limits on a program called 'dubbing10,' which is used in devices sold by companies such as Sony, Sharp, and Panasonic. It is believed that the man generated thousands of dollars worth of earnings for himself by selling to at least 712 people, including one teenager who then resold the software to another 240 people. This is the first disclosed case in Japan of someone being arrested for selling such limit-removal software for digital TV recording. Since it sounds like he has already admitted to selling it (although he denies creating it), and due to the generally high conviction rate of those arrested by Japanese police, his future does not look so bright at the moment."
Japanese police have such high conviction rates because,
1. they do not follow western style of interrogation.
http://www.debito.org/policeinterrogations.html
There is no Miranda laws, lawyers, etc.
2. In Japan, if police charges you with something, the society believes that you must have done something. The Japanese culture is closer to "prove your innocence" than "prove your guilt".
3. The Japanese police historically does not bring up charges for people that they don't have evidence for. This results #2.
My best bet would be facilitating in copyright infringement (though I have zero knowledge of japanese law of any form). The fact that he didn't make the software really doesn't seem relevant. There's nothing inherently illegal about creating that software as long as it doesn't get out. I could tinker around making all sorts of software (well, if I knew how to code) that when used would be illegal just to see if I was capable of making the code without any repercussions.
In a probably flawed analogy, simply because you didn't cook the coke doesn't mean you won't get arrested for selling it.
"Educate the mind but never at the expense of the soul."~Blessed Basil Moreau
If Japan participates in ACTA and other international treaties then this could be a circumvention of encryption controls type of crime which would incur greater penalty than larceny or simple theft.
To the Law outside is there a difference of kind to manufacture lock picks vs to sell them vs being actually caught picking locks vs being searched and having one found on your person?