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Winny copyright infringement case
Winny copyright infringement criminal case in Japan was a Japanese criminal case in which Isamu Kaneko, the developer of P2P file-sharing program Winny, was indicted for aiding in copyright infringement. This was the first case in which a computer program developer faced a criminal charge for assisting in the copyright infringement of the program's users. In 2006, the Kyoto District Court found Kaneko guilty and fined him ¥1.5 million.〔"(Winny creator guilty in copyright violations )", The Japan Times ONLINE, Dec. 14, 2006〕 On appeal, the Osaka High Court in 2009 overturned the lower court's decision, acquitting Kaneko.〔"(Winny developer acquitted )", The Japan Times ONLINE, Oct. 9, 2009〕 Finally, in 2011, the Supreme Court of Japan upheld the acquittal, holding that Kaneko did not intentionally induce infringement and was therefore not responsible for the users' unlawful actions.〔"(Winny creator's acquittal upheld )", The Japan Times ONLINE, Dec. 21, 2011〕
==Background==
On November 2003, two Japanese users of Winny, Yoshihiro Inoue, a 41-year-old self-employed businessman, and an unnamed 19-year-old, were arrested by the Kyoto Prefectural Police. Shortly following the two users' arrests, the Kyoto Police also searched the home of Isamu Kaneko, a 33-year-old assistant professor at the University of Tokyo and the developer of Winny, and confiscated Winny's source code.〔John Leyden "(‘Anonymous’ P2P users busted in Japan )", The Register, Dec. 3, 2003〕〔John Leyden"(Japanese P2P founder arrested )", The Register, May 10, 2004〕 The two principals were accused of sharing copyrighted materials via Winny, and both were eventually found guilty of violating copyright law.〔〔"(Winny file-sharer gets suspended term )", The Japan Times ONLINE, Dec. 1, 2004〕
On May 10, 2004, the High-tech Crime Taskforce of the Kyoto Prefectural Police arrested Kaneko for suspected conspiracy to commit copyright violations.〔〔Associated Press"(Copyright Arrest in Japan )", WIRED, May 10, 2004〕〔"(Top software developer arrested for 'Winny' file sharing )", ABC News, May 10, 2004〕 Kaneko was indicted on May 31, 2004, the first indictment for assisting copyright infringement in Japan, and court hearings started in September 2004 at the Kyoto District Court.〔"(Prosecutors indict creator of Winny )", The Japan Times ONLINE, Jun. 1, 2004〕〔"(Winny creator denies abetting piracy" ), The Japan Times ONLINE, Sept. 2, 2004〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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