It’s kind of a garbled translation in the title. They sort of clarify in the article but he isn’t really going to prison. 懲役2年執行猶予5年 What it means is 2 years of prison, which will be applied only...
It’s kind of a garbled translation in the title. They sort of clarify in the article but he isn’t really going to prison.
懲役2年執行猶予5年
What it means is 2 years of prison, which will be applied only if he breaks the terms in the next 5 years.
Do you have a source on this? I'm seeing 懲役2年 = imprisonment for 2 years and 執行猶予5年 is probation/suspended sentence, but I'm also seeing this stating what you seem to be talking about.
Do you have a source on this? I'm seeing 懲役2年 = imprisonment for 2 years and 執行猶予5年 is probation/suspended sentence, but I'm also seeing this stating what you seem to be talking about.
Yeah I'm wondering about the translation specifically, since the phrase seems to literally translate into the expected (American penal) definition of prison plus probation. Though thank you for...
Yeah I'm wondering about the translation specifically, since the phrase seems to literally translate into the expected (American penal) definition of prison plus probation. Though thank you for that anyway!
It’s not really a typical Japanese language learner phrase so I don’t think there will be any very accessible English language resources but there’s this article on the phrase 執行猶予:...
It’s not really a typical Japanese language learner phrase so I don’t think there will be any very accessible English language resources but there’s this article on the phrase 執行猶予:
Put simply, a suspended sentence is a system in which the execution of the sentence is postponed for a certain period of time even if the person is found guilty.
A prison sentence must be served immediately after being sentenced, whereas a suspended sentence does not have to be served immediately after being sentenced. Furthermore, if you commit a crime within the suspension period and can spend the suspension without revocation, you will basically be exempt from the sentence.
Eh that auto translation at the end kind of loses it. What it really means is, if you go without breaking your probation for the duration of the probation period, you are exempt from the sentence.
I can't help but feel like there's some context missing in this article. The charge is copyright infringement. What is a "spoiler" gameplay video - like the claim is the direct purpose of the...
I can't help but feel like there's some context missing in this article.
The charge is copyright infringement.
What is a "spoiler" gameplay video - like the claim is the direct purpose of the video was to show endings in an effort to provide the narrative to viewers without purchase?
The prosecution argued that this was “a malicious act that trampled on the effort of content creation” by discouraging the purchase of the original products, while the defendant said at trial that he wanted someone to see what he created as part of his hobby.
I just wish this paragraph was less vague and had fuller details of what the arguments were on both sides and a little more description for what the video contained, was it the whole game? just alternate endings? was there commentary from the player?
It was ネタバレ videos, or “netabare”. It literally means to “leak material” (neta = material, bareru = leak). Yes, there was commentary and subtitles added to the videos, and they were basically just...
It was ネタバレ videos, or “netabare”. It literally means to “leak material” (neta = material, bareru = leak). Yes, there was commentary and subtitles added to the videos, and they were basically just the ending variations so you didn’t have to play or buy the content.
On May 17, the Miyagi Prefectural Police Headquarters Life Environment Division and the Minamisanriku Police Station released videos of guidelines violations such as "STEINS;GATE Hiyoku Renri no Darin" on YouTube. One person was arrested on suspicion of violating copyright laws. The content overseas distribution promotion organization (CODA) has announced.
According to CODA's announcement, the man arrested this time had uploaded gameplay videos and edited animation videos on YouTube without permission from the rights holders. In 2022, the same man uploaded a play video (including the ending) of the adventure game "STEINS;GATE Hiyoku Renri no Darin", which is owned by Nitroplus and others, on YouTube, which is prohibited by the guidelines. He said he was getting advertising revenue.
The man also uploaded edited videos without permission of works such as the animated version of "STEINS;GATE", which KADOKAWA and others own the rights to, and "SPY×FAMILY", which Toho and others own the rights to. It is said that it was released as a so-called "fast content" video with subtitles and narration. KADOKAWA has also issued a statement regarding this. The man has continued to upload such anime works without permission since 2019, and after consultation between the company and CODA, it was determined to be malicious. He said he cooperated with the police investigation.
CODA and KADOKAWA mentioned the protection of rights in posts such as gameplay videos in this arrest. CODA emphasizes that, in principle, it is necessary to obtain the permission of the rights holder to use gameplay videos, and uploading without permission is a copyright infringement act, and encourages postings that comply with the guidelines of each manufacturer / work. . Both KADOKAWA and CODA have said that they will take firm action against copyright infringement. Also, according to the Nihon Keizai Shimbun, CODA's view is that it is the first arrest in Japan related to live game distribution.
[UPDATE 2023/5/18 12:30]
Miyagi Television Broadcasting has provided information on a man who is believed to be the arrestee in this case. According to them, 52-year-old Shinobu Yoshida, a self-proclaimed YouTuber from Nagoya, was arrested. From June to July 2022, the suspect published an edited video of a work such as "SPY x FAMILY" on his YouTube channel. The incident was discovered by the Minamisanriku Police Station's cyber patrol, and the suspect confessed to the charges, stating that he "knew it was illegal."
You never could. All Japanese game streamers I've seen talk about getting explicit permission from the devs in order to stream. Usually it's in the EULA or in some license agreement, but if it's...
You never could. All Japanese game streamers I've seen talk about getting explicit permission from the devs in order to stream. Usually it's in the EULA or in some license agreement, but if it's not you have to explicitly ask, otherwise you're committing copyright infringement.
And unlike in the US where you're almost never prosecuted for this, in Japan this is taken very seriously as seen in the article. You won't necessarily get prison time unless the company is very letigious but expect all your videos struck.
There are even some EULA that specifically state you can only stream certain parts of the game (typically story driven ones) and if you stream more you're violating copyright.
Yup, I had HoloLive and Nijisanji stream a game I worked on and even though we had blanket permissions for content creators explicitly laid out on their website, they still needed permission from...
Yup, I had HoloLive and Nijisanji stream a game I worked on and even though we had blanket permissions for content creators explicitly laid out on their website, they still needed permission from me personally.
You can’t really in the US either. Most YouTuber content would not fall under the Fair Use Defense, and certainly what the Japanese person in the article was doing would definitely not fall under...
You can’t really in the US either. Most YouTuber content would not fall under the Fair Use Defense, and certainly what the Japanese person in the article was doing would definitely not fall under fair use. It’s just that it’s usually not litigated in the states - at most, all content platforms must adhere to DMCA policies to be a DMCA safe harbor so you can just email YouTube and get the video taken down within hours, which is easier than taking someone to court.
Whether it's fair use or not in the US would depend a ton on the specifics of the content, of course, but Japan straight up does not recognize fair use so there's even less leeway on that front.
Whether it's fair use or not in the US would depend a ton on the specifics of the content, of course, but Japan straight up does not recognize fair use so there's even less leeway on that front.
It’s kind of a garbled translation in the title. They sort of clarify in the article but he isn’t really going to prison.
懲役2年執行猶予5年
What it means is 2 years of prison, which will be applied only if he breaks the terms in the next 5 years.
Yeah, he’s almost certainly not going to jail. 1 million yen is also only $6.7k. So that hurts, but it’s not like he’s in debt forever or something.
Do you have a source on this? I'm seeing 懲役2年 = imprisonment for 2 years and 執行猶予5年 is probation/suspended sentence, but I'm also seeing this stating what you seem to be talking about.
The info came from this:
https://www.asahi.com/sp/articles/ASR9735PTR96OXIE00G.html
Or are you looking for details on the translation?
Yeah I'm wondering about the translation specifically, since the phrase seems to literally translate into the expected (American penal) definition of prison plus probation. Though thank you for that anyway!
It’s not really a typical Japanese language learner phrase so I don’t think there will be any very accessible English language resources but there’s this article on the phrase 執行猶予:
https://www.adire.jp/lega-life-lab/what-is-suspended-sentence1701/
Eh that auto translation at the end kind of loses it. What it really means is, if you go without breaking your probation for the duration of the probation period, you are exempt from the sentence.
I can't help but feel like there's some context missing in this article.
The charge is copyright infringement.
What is a "spoiler" gameplay video - like the claim is the direct purpose of the video was to show endings in an effort to provide the narrative to viewers without purchase?
I just wish this paragraph was less vague and had fuller details of what the arguments were on both sides and a little more description for what the video contained, was it the whole game? just alternate endings? was there commentary from the player?
It was ネタバレ videos, or “netabare”. It literally means to “leak material” (neta = material, bareru = leak). Yes, there was commentary and subtitles added to the videos, and they were basically just the ending variations so you didn’t have to play or buy the content.
More coverage but in Japanese:
https://automaton-media.com/articles/newsjp/20230518-247820/
Translation
[UPDATE 2023/5/18 12:30]
Wait, what. You can't post gameplay/anime footage now in Japan without getting explicit consent from the creators?!
You never could. All Japanese game streamers I've seen talk about getting explicit permission from the devs in order to stream. Usually it's in the EULA or in some license agreement, but if it's not you have to explicitly ask, otherwise you're committing copyright infringement.
And unlike in the US where you're almost never prosecuted for this, in Japan this is taken very seriously as seen in the article. You won't necessarily get prison time unless the company is very letigious but expect all your videos struck.
There are even some EULA that specifically state you can only stream certain parts of the game (typically story driven ones) and if you stream more you're violating copyright.
Yup, I had HoloLive and Nijisanji stream a game I worked on and even though we had blanket permissions for content creators explicitly laid out on their website, they still needed permission from me personally.
You can’t really in the US either. Most YouTuber content would not fall under the Fair Use Defense, and certainly what the Japanese person in the article was doing would definitely not fall under fair use. It’s just that it’s usually not litigated in the states - at most, all content platforms must adhere to DMCA policies to be a DMCA safe harbor so you can just email YouTube and get the video taken down within hours, which is easier than taking someone to court.
Whether it's fair use or not in the US would depend a ton on the specifics of the content, of course, but Japan straight up does not recognize fair use so there's even less leeway on that front.