Information Technology Reference
In-Depth Information
Base unit
(rental unit for A)
Internet
Sub-unit
TV antenna
A
(rental unit for B)
B
(rental unit for C)
C
Users of
Rokuraku
Business operator
(Operate two units for recording)
Fig. 5. The conceptual diagram of Rokuraku-II as a cloud computing service
4
Conclusions
Most courts in Japan have applied the Karaoke theory or its variation to the cases
relating to cloud computing services. Copyright holders want to charge the manager
of such a Karaoke bar instead of an individual customer [17]. Beyond the Karaoke bar
case, the Karaoke theory has been more broadly applied to other kinds of services
when the provider is merely an indirect conduit, but the customers directly exploit
particular copyrighted works; the so-called “variation” of the Karaoke theory, which
was applied to personal locker or “placeshifting” services as a type of cloud
computing services[10], [11].
The legality of personal locker or “placeshifting” services as a type of cloud
computing services, centers mainly on whether a service provider falls within the
definition of a principal committing copyright infringement, because there is no
general fair use exception in Japanese copyright law [9]. As described earlier, the
Japanese Supreme Court reversed the decisions of the lower court which found no
infringement based on the right of making broadcasts transmittable or the right of
public transmission in 2011 [10], [11]. Even if a user has the final option to reproduce
or transmit a work, the person who enabled the reproduction or transmission other
than the final option controls the outcome and should be considered to be the subject
of the reproduction or transmission [19]. As affairs now stand, it is difficult to find the
critical factor that would make a personal locker or “placeshifting” service legal or
illegal. At present in Japan, there is no way to anticipate with any accuracy precisely
what critical factors consistently lead to a service being deemed legal or illegal.
Moreover, cloud computing services are changing the style of business and public
services, and are considered a service industry where huge development is expected.
In order to develop a cloud computing service in Japan, the IPSP report states that
legal risks must be resolved and environmental improvement must be promoted [15].
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