以下の文書はDieTrollDieの記事の翻訳です。翻訳のために事前に謝罪。 こんにちは DBC Japan – DieTrollDie
“Konnichiwa” The business model of BitTorrent (BT) Copyright Trolling is one that requires the controlling actors to adjust and expand to keep the settlement generators producing. Probably the most active non-porn BT Copyright Troll is Voltage Pictures (AKA: Nicolas Chartier). The Voltage pictures movie that is currently being exploited is Dallas Buyers Club (DBC). Currently in the US, I estimate that there have been OVER 140 DBC copyright infringement cases filed in multiple jurisdictions. The number of Does in these cases is in excess of 3300. The largest number of DBC cases have been filed in the States of IL and CO. As the settlements from these cases generally stay in the $3,000+ range, the amount of money to be made is HUGE. If the Troll/Plaintiff’s can get 50% of the 3300 people to pay a settlement of $3,000, the profit is $4,950,000!
Now BT Copyright Trolling is not exclusive to the US, but as our copyright laws allows for claims of statutory damages (up to $150K plus fees/costs) against non-commercial individuals, the environment is well suited for the Trolls.
Now it appears that DBC/Anti-Piracy Management Company (APMC) is trying to expand it business model to locations outside of the US. I was able to obtain a couple of documents that show Troll DBC is attempting to obtain ISP subscriber information for IP addresses in Japan. DBC_Japan_POA The document is a Power of Attorney, US Copyright Office Certificate of Registration for the movie, and a Certificate of Corporate Nationality and Representative. *** The second document is in Japanese and I’m working on getting it translated. I will post it once this is accomplished. Here is Page 1 of it – Japan_ISP_Page1
From this 25 Jun 14, document you can see that DBC’s representative Nicolas Chartier, has authorized Japanese Attorney Hiroki Kawagishi, Kawagishi Hiroki Law and Patent Firm, to be his legal representative in Japan. DBC’s power of attorney is in support of their effort for a “Request for Disclosure of Information of Senders.”
As I have no knowledge and experience with Japanese copyright law, I looked for some English reference material. Luckily I did find the Japanese Law Translation Web site. From there I was able to find the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders, as well as their Copyright Act.
Here are a few articles on Japanese copyright law, as well as a June 2012 change to it that would allow illegal Japanese downloaders to be fined up to Two Million Yen (approx. $25K) or face up to two years in prison.
So until I get a translation of the second document, I will not be sure if Troll Kawagishi/DBC has filed a Japanese copyright infringement law suit or is simply trying to obtain ISP subscriber information on alleged infringers of their movie. Either way, I fully expect some sort of settlement demand letter to eventually go out to an unknown number of Japanese ISP subscribers.
While looking at Japanese copyright law, I did not find any statutory damages provisions. I probably missed it. 😦 What I did find is that the Troll/Plaintiff is required to show what the damages are. Actual damages are not something the Trolls are particularly found of, as they have NO evidence to show how many people ACTUALLY shared the movie, with whom it was shared, as well how much was shared (in terms of data/copies of the movie, etc.). So I would expect them to try to use Article 114-5, to claim at least thousands of Yen/Dollars of damages per ISP subscriber.
Article 114-5 Where, in a lawsuit pertaining to an infringement on a copyright, right of publication or neighboring right, it is found that damages have been incurred, but it is extremely difficult to prove the facts necessary to establish the amount of damages due to the nature of such facts, the court may determine an appropriate amount of damages on the basis of the entire import of oral proceedings and the results of the court‘s examination of the evidence.
More to come on this I’m sure. I would also expect DBC/APMC to be exploring this in other counties. If you are a Japanese ISP subscriber who has received any of these DBC or ISP paperwork, please feel free to contact me at firstname.lastname@example.org. Also feel free to pass on any Japanese BT copyright trolling cases or stories of interest. Thank you.
DieTrollDie 🙂 “I will not hurt or harm you. Just give me back the board, Lance. It was a good board… and I like it. You know how hard it is to find a board you like…” [Lt Col Kilgore, Apocalypse Now]