The Influence of Recent Court Cases Relating to Copyright Changes in Cloud Computing Services in Japan - Challenges of Information Management Beyond the Cloud - page 78

As pointed out in the report, while new information terminals are becoming more
widely used along with the development of cloud computing services, the delay and
loss in viewing videos cross national borders and via mobile communication are
caused by the presence of legal risks.
The investment effects of the Cartoon Network, et al. v. Cablevision decision in
the U.S. and court rulings in France and Germany were estimated from venture capital
(VC) investment in U.S. cloud computing firms relative to the EU [16]. Findings
suggest that decisions around the scope of copyrights can have economically and
statistically significant impacts on investment and innovation.
With regard to improving the environment for cloud computing services in Japan,
the use of common content is being promoted for multiple information terminals, such
as smart phones and tablet terminals. It is important to consider how to resolve legal
risks associated with clarifying the extent of private duplication and indirect
infringement in the copyright system, and then to apply necessary measures.
Revisions in Japanese Copyright Law, make it illegal to download sound files
(music, voice, ring-tones, etc.) or video files (movie films, television programs, etc.)
that are uploaded in violation of copyright laws. Even if for personal use,
downloading those files is prohibited [12]. Something is either legal or illegal. The
revised Japanese Copyright Law became effective from October 1, 2012. This
amendment of the law in 2012 which provides punitive sanctions for downloading
copyrighted works that have been uploaded illegally, even when this is done for
private use, will discourage individuals from using cloud computing services in Japan.
References
1. Keidanren, U.S.-Japan Cloud Computing Working Group Report (2012), http://
www.keidanren.or.jp/en/policy/2012/073_report.html
2. Mell, P., Grance, T.: The NIST Definition of Cloud Computing - Recommendations of the
National Institute of Standards and Technology. NIST Special Publication 800-145 (2011)
3. Senftleben, M.: Breathing Space for Cloud-Based Business Models - Exploring the Matrix
of Copyright Limitations, Safe Harbours and Injunctions (2013), http://dx.doi.
org/10.2139/ssrn.2241259
4. Rokuraku-II.: Intell. High Ct., Japan (2012), http://www.courts.go.jp/hanrei
/pdf/20120201164305.pdf
5. Rokuga Net.: Intell. High Ct., Japan (2005), http://www.courts.go.jp/
hanrei/pdf/842BD42DCC4020FC492570C100253DFF.pdf
6. MYUTA: Tokyo D. Ct., Japan (2007), http://www.courts.go.jp/hanrei/
pdf/20070528141551.pdf
7. TV Break (formerly, “Pandora TV”): Intell. High Ct., Japan (2010), http://www.
courts.go.jp/hanrei/pdf/20100909131245.pdf
8. Maneki TV: Intell. High Ct., Japan (2012), http://www.courts.go.jp/hanrei
/pdf/20120201162709.pdf
9. Kidokoro, I.: Cloud Service Providers' Copyright Infringement Liability - Comparison of
Case Laws between Japan and the U.S. The conference report of Information Network
Law Association Japan (2012) (in Japanese)