Tokyo District Court, Case No. 2024 (Wa) 70509
Updated: 1 hour ago
Article information
Categories: Copyright
Topics: Disclosure of sender information / Public transmission rights / Proof of infringement
Published on this website: 2026-09-29
Tokyo District Court, Case No. 2024 (Wa) 70509
[Action objecting to a decision on an application for an order to disclose sender information]
(Presiding Judge Takahashi)
= Tokyo District Court, Case No. 2024 (Wa) 70570 (Presiding Judge Takahashi)
= Tokyo District Court, Case No. 2024 (Wa) 70523 (Presiding Judge Takahashi)
⇒ Disclosure of sender information granted.
[Issue 1] Whether communications using BitTorrent constitute "specified telecommunications"
Under BitTorrent's mechanism, a peer's user is in a state in which files or fragments (pieces) are automatically transmitted in response to requests from unspecified persons. Therefore, even individual communications with an investigation company constitute "specified telecommunications" intended to be received by unspecified persons.
[Issue 2] Transmission of subdivided data (pieces) and infringement of copyright (the right of public transmission)
Even if the transmitted data consists only of a part (piece) of a video file and is not independently playable, assuming restoration by client software, the essential characteristics of the video can be directly perceived from that piece. Transmission of the piece constitutes infringement of the right of public transmission.
[Issue 3] Credibility of the investigation results
(Translation of the quoted judgment)
"The dates and times stated in the playback test report are merely the dates and times at which the piece files were written to the investigation company's hard disk. Given that it cannot be denied that saving data to a hard disk may require a certain amount of time, a reasonable explanation can also be given for the dates and times stated in the playback test report being later than the timestamps for the respective communications at issue."
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7509883092178862080/
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