ウィニー開発の元助手側、控訴審初公判で無罪主張（2009年1月19日13時23分 読売新聞）
この日、弁護側は「速度違反の多発を知りつつ車を生産するメーカーは道交法違反のほう助になるのか。世界的にまれな開発者の逮捕で、日本の技術開発は止まり、外国のソフトが国内を席巻している」と訴えた。
一審段階から主張されていたと思いますが
これは、要するに、大野病院事件起訴による医療崩壊と同じ論理ですね。
論理は同じだとしても、論理の前提にある実態が同じかどうかは、相当議論があると思います。
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モトケン先生も燃料投下うまいですね
一審段階の時は包丁の話をしてませんでしたっけ・・・？
あれはネット上の応援団がしてたんだったかな？
いずれにせよ、こじつけの強弁にしか見えません。検察のロジックにも無理しているところがあるようには感じていますが、この被告人弁護側の「言い分」は、まるで子供の駄々です。情けないったらありゃしない。
これじゃ二審でも負けますよ。というか、こんなガキの理屈が通るような司法じゃ困ります。
私も便乗して燃料投下。
法務業の末席さんのコメ拝見して、病腎移植みたいって思っちゃいました。
沼地さまに触発され、チョイと遊んで見ました。
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「 (ａ) 」を考慮して「 (ｂ) 」は「 (ｃ) 」を加減するべきだとの意見があるが、ネット掲示板などでは多数の「 (ｄ) 」が過激な意見を投稿することが多く、そうした結果「 (e) 」と呼ばれる現象に繋がることが多い。
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■ウィニー開発者、無罪を主張 大阪高裁で控訴審始まる－どういう結果がもたらされるか分かっていたはず
こんにちは。ウィニーに関しては、開発時点からどんな結果をもたらすかは、ほぼ推測できたと思います。現在のように知識の移転が容易になった時代においては、一般の人でも一昔いわれたような、「科学者の責任」のようなものが問われる時代になってきていると思います。特にITに関しては、一般の人でも知識を得て、様々なものが開発できる可能性が高まっています。このような時代においては、以前と比較して「情報」に関する責任がすべての人に問われるようになったのだと思います。この裁判法的には、未だ整備がされていないため、どのうよな結果になるのか、私のような素人では審理を経てからでないとわかりませんが、道義的責任は免れないものと思います。詳細は是非私のブログをご覧になってください。
>こんにちは。ウィニーに関しては、開発時点からどんな結果をもたらすかは、ほぼ推測できたと思います。
yutakarlsonさん，
これを理由にしてソフトウェアを作った人間の責任を問うのは本当に妥当なんでしょうか？
私も自分でソフトウェアを作ることもあり，今回の裁判の行方には注目しています．
最初から「悪用することを目的として作った」のであれば作った人間が悪いとは言えるでしょうけど，基本的には「悪用した人間が罰せられるのが普通」ではないでしょうか？
自動車が例に出ていたと思いますが，速度の出る自動車を作れば，スピード違反する人間が出て来るのは当然「推測できた」わけですが，だからといって自動車を製造する側が訴えられたり，罪に問われたりしたことはないですよね．また，「スピードが一定以上でないようにリミッターを付けろ」ともなっていないわけです．あくまで捕まるのはスピード違反した当人でしょう．
多くの道具というものは善用も悪用もできるものです．今回のような裁判で原告側が敗訴するなら，ソフトウェアを開発する際にも大きな足かせが付けられるように思われます．個人的には京都府警のやりすぎと思っていますが...
検索エンジンという「人為的な情報操作」可能なツールではなく、PtoPでの情報の共有を可能とするファイル検索、交換ソフトは、基本的なインターネット創始者たちの理想と合致します。
その機能を高めることは、社会的に有用でしょう。
>開発時点からどんな結果をもたらすかは、
>ほぼ推測できたと思います。
開発の目的は、既に被告によって述べられています。
被告に落ち度があったとしたら、それは「著作権」という法益を犯すような人々がこれほど世の中に多い、という現実にまで思い至らず公開したことでしょう。
あるいは、公的職務にあり、守秘義務を負う方々が、これまた無防備に、かつ職務に必要がないのにも関わらず、業務に関わる情報が入ったＰＣに、実に無防備に導入なさったということでしょう。
意図せざる結果が出た。
その行為は、幇助にあたるのでしょうか？
私もソフトウェアを作る側としてこの判決は納得いかないですね。 これがもし罰せられるなら、著作物を違法にやりとりする事を容易に可能にした光ファイバの提供業者や不特定多数との通信を可能にしたインターネットの技術も罰してしかるべきです。
法律のシロート的には幇助をこの事例のように広範に罰したら罪刑法定主義がないがしろにされるのではないかと考えてしまいます。
幇助というのは、それなくして実行犯が犯罪を行えないような場合に限った方が合理的な気がします。たとえば凶器の包丁を買ってきて殺人をさせたとか。今回の例ではwinny以外のソフトでも同種犯罪が可能でしょうからこれのみを幇助の犯罪に問うのはおかしいと思います。他のpeer to peer ソフトの製作者も犯罪者扱いされますよ。
法曹の方の考えは違うでしょうから判決がどうなるのかは興味はあります。
はじめまして。アルゴといいます。
本件の被告人の場合、単に著作権侵害の生じる「可能性を推測できた」というレベルではなくて、不特定多数のユーザによって著作権侵害行為が行われることをはじめから織り込んだ上で、もしくはそのような行為が行われることを意図して、winnyを作成・頒布したといえるのでしょう。たしか、原審もそれに近い判断をしていたのではないでしょうか。
例え侵害の道具として利用されるものであっても、それに社会的に有用な実質的な使用方法があれば、道具の提供者に対する法的責任は認められない・・というのは、アメリカのベータマックス訴訟でも議論された内容で、グロッグスター事件（winnyと同様のセンターサーバのないP2Pソフトの事件）でも被告から同様の主張がされていたと思いますが、連邦最高裁は、侵害行為をそそのかすような行為をした者にはそのような理屈は適用できない・・と判断しています。
>不特定多数のユーザによって著作権侵害行為が行われることをはじめから織り込んだ上で、もしくはそのような行為が行われることを意図して、winnyを作成・頒布したといえるのでしょう。
アルゴさん，
これが「客観的に」示される証拠はどこかにあるのでしょうか？
そうでなければ推測にすぎないことになります．重要なポイントですので根拠をお示し頂ければ幸いです．
参考情報の提供：
Ｗｉｎｎｙ著作権法違反幇助事件 地裁判決
平１６（わ）第７２６号 京都地方裁判所第３刑事部 著作権法違反幇助被告事件 平成１８年１２月１３日判決
http://www.venus.dti.ne.jp/~inoue-m/hn_061213WinnyHoujyoTisai.html
弁護団の主張は壇先生のブログに詳しいです。
壇弁護士の事務室
http://danblog.cocolog-nifty.com/index/
客観的というのは難しいですね。どうしても主観の問題になりますから。
この文章をどう捉えるかと言うことでしょうね。
ウィニー事件のエントリを一本化することにします。
今後のコメントは、以下のエントリにお願いします。
「ウィニー事件を考えるエントリ」
ただし、医療崩壊問題と絡めて意見を述べたいという方は、引き続きこのエントリで議論してもらってけっこうです。
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I'll gear this review to 2 types of people: current Zune owners who are considering an upgrade, and people trying to decide between a Zune and an iPod. (There are other players worth considering out there, like the Sony Walkman X, but I hope this gives you enough info to make an informed decision of the Zune vs players other than the iPod line as well.)
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Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass' favor.
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The new Zune browser is surprisingly good, but not as good as the iPod's. It works well, but isn't as fast as Safari, and has a clunkier interface. If you occasionally plan on using the web browser that's not an issue, but if you're planning to browse the web alot from your PMP then the iPod's larger screen and better browser may be important.
Between me and my husband we've owned more MP3 players over the years than I can count, including Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the last few years I've settled down to one line of players. Why? Because I was happy to discover how well-designed and fun to use the underappreciated (and widely mocked) Zunes are.
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Zune as well as ipod device: Most of the people review the actual Microsoft zune to the touch, however after looking at just how lean along with amazingly small and light it really is, My spouse and i take into account it to be a fairly different cross in which brings together benefits with both Feel and the Nano. It's vibrant plus attractive OLED monitor is usually slightly smaller than the particular touchscreen technology, even so the participant alone senses a great deal smaller sized and also lighter. They weigh concerning 2/3 equally as much, and is also visibly smaller sized in width as well as peak, although becoming merely a tresses thicker.
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