AfterDawn: News

Winny creator wins conviction appeal

Isamu Kaneko, the developer behind the Japanese P2P system Winny, has had his case appealed today by the Osaka High Court.

Kaneko was convicted originally in 2006 for enabling copyright infringement and fined ¥1.5 million.



The developer had been a research assistant at the University of Tokyo and is generally considered one of the forefathers of Japanese P2P.

The new reversal means Kaneko is not guilty and will not have to pay a dime of the fine.

"Merely being aware of the possibility that the software could be abused does not constitute a crime of aiding violations of the law, and the court cannot accept that the defendant supplied the software solely to be used for copyright violations," judge Masazo Ogura ruled, via Slash. "Anonymity is not something to be looked on as illegal, and it is not something that applies specifically to copyright violations. The technical value of the software is neutral," he concluded.

Written by: Andre Yoskowitz @ 9 Oct 2009 13:25

• Previous article

• Netflix to keep priority on DVD until 2011

• Next article

• Hulu launches Linux desktop client

• 8 comments

• Lothros

  How long before the RIAA get the law changed so they can get the appeal overturned?

  9.10.2009 15:32 #1

• navi1199

  since the states is mostly run by greedy idiots, probably never.

  9.10.2009 15:33 #2

• DVDBack23

  This took place in Japan, RIAA is an American company.

  9.10.2009 15:34 #3

• Lothros

  Originally posted by DVDBack23: This took place in Japan, RIAA is an American company.Since when has that ever stopped them?

  9.10.2009 15:35 #4

• DVDBack23

  Well the American wing won't do anything, it will be the RIAJ instead :P

  9.10.2009 16:06 #5

• Lethal_B

  The whole ordeal is disgusting. To say creating encrypted / anonymous filesharing programs is a criminal offence? Maybe memorex are thereby liable for "allowing the possibility" of people to burn (albeit of questionable quality) duplicates of the latest would-have-been-platinum album. After all, they know it's possible.. The pirates!

  10.10.2009 01:29 #6

• platdream

  these F_A_holes might have sued against inventor of internet if s/he is still alive, saying like this is a platform for downloading copy righted contents.

  10.10.2009 02:44 #7

• windsong

  I think most anonymous p2p will be under a much more streamlined attack in a few years (i.e. Freenet, Iphex, I2P, Tor, Imule, Anomos) because the RIAA/MPAA/LEA will not be able to pick off downloaders/uploaders anymore since they wont be able to identify them. They are busting thousands of low-lying fruit now while they can because they know eventually onion-routing will become the norm (and will become faster as the years go by). The people will stick back at the corporate fatcats, ICE, MPAA, RIAA and all other bureaucrats who make up laws as they go along. Their time is coming, and it won't be good for them at all. And they now know it.

  10.10.2009 21:13 #8