Ichi, Ni, San – Copyright Troll Dallas Buyers Club LLC Goes To Japan

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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.

Godzilla_Troll2As 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 dietrolldie@dietrolldie.com.  Also feel free to pass on any Japanese BT copyright trolling cases or stories of interest.  Thank you.

“Sayonara

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]

About DieTrollDie

I'm one of the many 'John Does' (200,000+ & growing in the US) who Copyright Trolls have threatened with a civil law suit unless they are paid off. What is a Copyright Troll? Check out the Electronic Frontier Foundation link - http://www.eff.org/issues/copyright-trolls
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16 Responses to Ichi, Ni, San – Copyright Troll Dallas Buyers Club LLC Goes To Japan

  1. Anon E. Mous says:

    Let’s hope our Japanese friends find the information here and at FCT useful in their soon to be fight against the trolls. Not to worry or Japanese friends, were with you in the fight against the trolls out to pick your pocket.

  2. ryuugakuseinocorner says:

    Hi, a Japanese friend just received paperwork from his ISP regarding this. What should he do next? Any advice if he should reply at all regarding his identity released by the internet provider?

    Thanks a lot! ありがとうございます。

    • DieTrollDie says:

      As this is a new area for DBC (in Japan), we can only guess at what their plan is. Due to differences in Japanese Copyright law (compared to the US), I’m picking this up as we go along.

      I would suggest (non-lawyer suggestion) that your friend first make sure there is no BitTorrent activity occurring on his/her network. If he finds any unauthorized systems connecting to his network, he should document his findings and then resecure the network with a new WiFi password.

      As far as responding to the ISP, I would at least check the box indicating your friend does NOT agree to the release of personal information (ISP subscriber details) to the Trolls. If the request is ignored, I assume the ISP will release the information. What I don’t know is what the Troll has to do when a person does not voluntarily consent to the release. Will the Troll then be required to obtain some sort of subpoena or court authorization to get the information??? Bottom line: Don’t make it easy for the Troll – Say NO. It may turn out that the information gets released, so I would tell your friend to speak with an attorney who works copyright infringement cases and ask them what could happen. I suspect that after the Trolls start to get the ISP subscriber details, the settlement demand letters will be mailed out. IF/WHEN this happens, PLEASE email me a copy to dietrolldie@dietrolldie.com.

      Based on this Troll and it controllers at the Anti-Piracy Management Company (APMC), the goal will be to generate settlements and not have to take anyone to trial. There is no history of this Troll doing this in the US and I seriously doubt it will change in Japan. Also remember that if they take someone to trial, many of the Troll/DBC/APMC witness live in other countries – US, Canada, Germany, etc. Getting those people to pre-trial/trial is expensive and not part of the Troll business mode of running things on the cheap. This is a business model to makes money and has nothing to do with stopping piracy (my opinion).

      DTD 🙂

  3. Steve says:

    In Japan it’s guilty before innocent , the prosecution rate is almost 100% for crime . For foreigners here the situation is bleak , usually locked up and told to confess . A persons workplace would be informed and that could also lead to dismissal . So maybe avoiding anything legal and paying up would be best option

    • DieTrollDie says:

      i have heard that before from US Servicemen. BUT with DBC and APMC’s record/history, I not so sure they want their dirty little secrets exposes in Japanese court or the public. There is also the fact that DBC and APMS are “Foreigners” and they are going after Japanese citizens via this business model. Might not turn out a good as they hope.

      DTD 🙂

  4. bluewave says:

    Hi, Does anyone know if the copyright Law of the DBC LLC lawsuit can be extended to Japan?
    I do not think its a done deal for DBC LLC. Japanese law is not so clear in its definitions.

    • DieTrollDie says:

      US Copyright Law cannot. Any civil or criminal proceedings would take place under Japanese law. Agree, this not a done deal and if DBC/APMC thinks it will be smooth sailing, they are fooling themselves. As we are waiting for the Judge in the Lamberson case (Elf-Man LLC v. Lamberson (EDWA)) to make his ruling on attorney fees/costs and sanctions, the impact will affect DBC. All the DBC case in the US used the same “Shelf” company and factious person (Crystal Bay Corp (CBC) & Darren M. Griffen). We have not seen any of the details for the Japanese cases (if there are any), but I bet they will still tie back to the APMC and its circus of characters who are running this side-show.

      DTD 🙂

  5. Pingback: Copyright Troll Dallas Buyers Club LLC Goes To Japan – Part 2 | DieTrollDie

  6. …An interesting little-known fact — In 2005, I personally sat in and watched a copyright infringement case in Beijing, China while I was learning about Intellectual Properly laws abroad. The purpose was to learn how TRIPS and WIPO laws affect copyright and patent cases outside of the U.S.

    In short, assuming Japan is a participating member of these agreements, Japanese copyright law per se wouldn’t be the ruling statutes — the case would probably be guided by TRIPS or WIPO copyright rules (which are similar to U.S. statutes in many ways).

    My experience of watching the copyright infringement case was that it didn’t look much different than a U.S. copyright infringement case in the U.S. District Courts. I’m guessing Dallas Buyer’s Club can probably take part in the same shakedown activities that they do here in the U.S., and the results will probably be the same. After all, most of their activities take place out-of-court.

  7. Pingback: Dallas Buyers Club rivals adult film bittorrent lawsuits in quantity of lawsuits. | TorrentLawyer™ - Exposing Copyright Trolls and Their Lawsuits

  8. Pingback: Dallas Buyers Club v. Doe Lawsuits Now Global | The Houston Lawyer Blog

  9. Pingback: Dallas Buyers Club v. Doe in Canada, in Japan… and Counting. | Federal Computer Crimes (CyberLawy3r)

  10. Pingback: Dallas Buyers Club v. Doe Lawsuits Now Global – The Houston Lawyer Blog

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