John
10-08-2009, 04:22 PM
Isamu Kaneko, 39, had been fined 1.5 million yen (£10,500/$17,000) by a lower court in 2006, but has had the decision reversed in the high court in Osaka, western Japan.
Kaneko's program, Winny, allows users to share files without revealing their Internet Protocol (IP) address. Companies had complained that the program infringes copyright as it gives users their material for free.
Kaneko, a former instructor at the University of Tokyo, said: "Today's ruling helps not only myself but also other computer engineers in pursuing the development of computer technology."
He became the first file-sharing software developer to be arrested in Japan in 2004. Kaneko was accused of helping two users distribute copyright material with Winny, by accessing the program from his home page.
The judge in the 2006 case said that Winny allowed users to infringe copyright laws. The maximum sentence for violating copyright laws in Japan is a three year prison sentence or a fine of 3 million yen.
However, Presiding Judge Masazo Ogura rejected the vedict, saying "cannot be said that the defendant published the software to encourage copyright infringement," according to Kyodo News agency.
The Association of Copyright for Computer Software, a Tokyo-based industry group for over 220 software makers, said: "It is crystal clear that allowing people to use this network further encourages copyright violation."
Kaneko's acquittal is rare, as increasing numbers of people who run file-sharing sites or those who illegal share content have been fined in the US. A man has been sentenced to 18 months in prison for his involvement with music piracy group Apocalypse Production Crew.
While in Sweden, four men involved in file-sharing website The Pirate Bay were sentenced to one-year prison terms for assisting violations of copyright law. They were also fined 30 million kronor (£2.4 million/$3.9 million).
Kaneko's program, Winny, allows users to share files without revealing their Internet Protocol (IP) address. Companies had complained that the program infringes copyright as it gives users their material for free.
Kaneko, a former instructor at the University of Tokyo, said: "Today's ruling helps not only myself but also other computer engineers in pursuing the development of computer technology."
He became the first file-sharing software developer to be arrested in Japan in 2004. Kaneko was accused of helping two users distribute copyright material with Winny, by accessing the program from his home page.
The judge in the 2006 case said that Winny allowed users to infringe copyright laws. The maximum sentence for violating copyright laws in Japan is a three year prison sentence or a fine of 3 million yen.
However, Presiding Judge Masazo Ogura rejected the vedict, saying "cannot be said that the defendant published the software to encourage copyright infringement," according to Kyodo News agency.
The Association of Copyright for Computer Software, a Tokyo-based industry group for over 220 software makers, said: "It is crystal clear that allowing people to use this network further encourages copyright violation."
Kaneko's acquittal is rare, as increasing numbers of people who run file-sharing sites or those who illegal share content have been fined in the US. A man has been sentenced to 18 months in prison for his involvement with music piracy group Apocalypse Production Crew.
While in Sweden, four men involved in file-sharing website The Pirate Bay were sentenced to one-year prison terms for assisting violations of copyright law. They were also fined 30 million kronor (£2.4 million/$3.9 million).