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NEWS: Clannad Malware Creator Gets Two Years in Prison




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Kibate



Joined: 12 Sep 2006
Posts: 24
PostPosted: Fri May 16, 2008 9:48 am Reply with quote
you know, even though i think that anime and manga illegal stuff should be legal most of the time(come one, we would have to wait years to get what they already have, and with stupid translations too) i still think those people who upload that stuff should stop doing it.
It would break my heart to stop watching new anime/manga, but it's not worth an arrest
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Warll



Joined: 03 Apr 2008
Posts: 16
PostPosted: Fri May 16, 2008 10:35 am Reply with quote
I'm more worried about those who fell for his malware, I mean what moron allows their recently downloaded image gallery to execute.

Last edited by Warll on Fri May 16, 2008 11:04 am; edited 1 time in total
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asimpson2006



Joined: 13 May 2008
Posts: 3151
Location: USA
PostPosted: Fri May 16, 2008 10:48 am Reply with quote
Warll wrote:
I'm more worried about those who fell your his malware, I mean what moron allows their recently downloaded image gallery to execute.


More people than you think. I've dealt with a lot of people when I did tech support, who would be afraid to disable a firewall but would download Smiley Central in a heartbeat because they want to send pretty e-mails and such.
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Dargonxtc



Joined: 13 Apr 2006
Posts: 4463
Location: Nc5xd7+ スターダストの海洋
PostPosted: Fri May 16, 2008 11:51 am Reply with quote
If I am reading this right both got one year in prison for the copyright violation. I guess that is what the precedent is. I guess the only reason the malware guy got two is because of the slander charge, which I guess you can go to prison for in Japan.
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Teriyaki Terrier



Joined: 26 Mar 2008
Posts: 5689
PostPosted: Fri May 16, 2008 1:04 pm Reply with quote
Although two years is a decent amount of time, I'd give this guy at least ten years behind bars.

In a very secluded area of the prison by himself and no one else. With no probation, phone calls or letters. That would teach him not to do that ever again I am sure.

I know that sounds extreame, but think of all the people that now have suffered because of this. Just like my daycare teacher told the group I was in "If you can't do the time, don't do the crime".
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Moomintroll



Joined: 08 Oct 2007
Posts: 1600
Location: Nottingham (UK)
PostPosted: Fri May 16, 2008 2:22 pm Reply with quote
ANN wrote:
This was the first criminal prosecution of an alleged malware creator in Japan.


He's been found guilty so he's no longer "an alleged malware creator" - he's just a malware creator.
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Redbeard 101
Oscar the Grouch
Forums Superstar


Joined: 14 Aug 2006
Posts: 16967
PostPosted: Fri May 16, 2008 2:35 pm Reply with quote
Teriyaki Terrier wrote:
Although two years is a decent amount of time, I'd give this guy at least ten years behind bars.

In a very secluded area of the prison by himself and no one else. With no probation, phone calls or letters. That would teach him not to do that ever again I am sure.

I know that sounds extreame, but think of all the people that now have suffered because of this. Just like my daycare teacher told the group I was in "If you can't do the time, don't do the crime".


Well a punishment should be equal to the crime committed. The punishment you suggested for the crime committed is hardly fair and just at all. So yes, it is indeed extreme and also just not fitting for the crime in any way. I think what has been done is fair and also sets an example that such things won't go unpunished anymore.
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MokonaModoki



Joined: 30 Oct 2005
Posts: 437
Location: Austin, Texas
PostPosted: Fri May 16, 2008 2:39 pm Reply with quote
Moomintroll wrote:
ANN wrote:
This was the first criminal prosecution of an alleged malware creator in Japan.


He's been found guilty so he's no longer "an alleged malware creator" - he's just a malware creator.


Except that it wasn't what he was prosecuted for.
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Moomintroll



Joined: 08 Oct 2007
Posts: 1600
Location: Nottingham (UK)
PostPosted: Fri May 16, 2008 2:47 pm Reply with quote
MokonaModoki wrote:
Moomintroll wrote:
ANN wrote:
This was the first criminal prosecution of an alleged malware creator in Japan.


He's been found guilty so he's no longer "an alleged malware creator" - he's just a malware creator.


Except that it wasn't what he was prosecuted for.


He was found guilty of creating and uploading the files he was accused of creating and uploading. Those files contained malware. Ergo, he can legally be called a malware creator. There is nothing "alleged" about it.
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testorschoice



Joined: 28 Apr 2007
Posts: 468
PostPosted: Fri May 16, 2008 2:55 pm Reply with quote
Moomintroll wrote:
MokonaModoki wrote:
Moomintroll wrote:
ANN wrote:
This was the first criminal prosecution of an alleged malware creator in Japan.


He's been found guilty so he's no longer "an alleged malware creator" - he's just a malware creator.


Except that it wasn't what he was prosecuted for.


He was found guilty of creating and uploading the files he was accused of creating and uploading. Those files contained malware. Ergo, he can legally be called a malware creator. There is nothing "alleged" about it.


He was found guilty of uploading the Clannad images and defaming his classmate. He wasn't found guilty of creating the Clannad images, the classmate's photos, or the malware--because none of that is illegal in Japan, yet.
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ClichedUsername



Joined: 17 Dec 2007
Posts: 14
PostPosted: Fri May 16, 2008 7:04 pm Reply with quote
Warll wrote:
I'm more worried about those who fell for his malware, I mean what moron allows their recently downloaded image gallery to execute.

That puzzles me, as well. However, I guess .exe extensions for downloadable collections are still somewhat commonly used. When the international version of O2Jam was still running, song files that I didn't download through the in-game client were downloaded through file packs that were in .exe extensions.
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MokonaModoki



Joined: 30 Oct 2005
Posts: 437
Location: Austin, Texas
PostPosted: Fri May 16, 2008 8:11 pm Reply with quote
Moomintroll wrote:
MokonaModoki wrote:
Moomintroll wrote:
ANN wrote:
This was the first criminal prosecution of an alleged malware creator in Japan.


He's been found guilty so he's no longer "an alleged malware creator" - he's just a malware creator.


Except that it wasn't what he was prosecuted for.


He was found guilty of creating and uploading the files he was accused of creating and uploading. Those files contained malware. Ergo, he can legally be called a malware creator. There is nothing "alleged" about it.


Well, sure, he did it. That isn't the point of the sentence you are disputing though. The point of the sentence was that this was the first criminal prosecution in Japan for any crime of any person who was also alleged to be a malware creator (not a crime) and whether they did it or not. It's an inclusive statement, broader than the discussion of this individual.
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Moomintroll



Joined: 08 Oct 2007
Posts: 1600
Location: Nottingham (UK)
PostPosted: Sat May 17, 2008 6:01 am Reply with quote
MokonaModoki wrote:
It's an inclusive statement, broader than the discussion of this individual.


If that's the case, I happily admit to being wrong. But it certainly came across as misplaced arse-covering legalese to me - possibly because that's the way the word "alleged" is generally used in the British media.
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MokonaModoki



Joined: 30 Oct 2005
Posts: 437
Location: Austin, Texas
PostPosted: Sat May 17, 2008 12:23 pm Reply with quote
Indeed, it stopped being an allegation when he admitted it on the first day of his trial back on March 18.

I doubt it is just a legal CYA usage of the word 'alleged', since the same article said that he was found guilty of something that he wasn't charged with and wasn't a crime. Presumably his admission to creating the malware was factored in as an enhancement to his sentencing for the crime he was convicted of, but the article says something completely different (and wrong). It might as well say he was found guilty of being rude.
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Batman3777



Joined: 18 May 2007
Posts: 160
Location: Down the Shore, NJ
PostPosted: Sat May 17, 2008 6:13 pm Reply with quote
Moomintroll wrote:
MokonaModoki wrote:
It's an inclusive statement, broader than the discussion of this individual.


If that's the case, I happily admit to being wrong. But it certainly came across as misplaced arse-covering legalese to me - possibly because that's the way the word "alleged" is generally used in the British media.


Don't worry, "alleged" is used to the same effect here in the states, too. However, MokonaModoki is right about this, the sentence has a broader construct than simply this one case. If the line was "successful prosecution" instead of "prosecution," you would be absolutely correct.

I am curious though... how does such a modern, tech-driven country not yet have a law against producing/distributing malware? That seems surprising to me, but I guess they'll start writing one now. Razz
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