(keitai-l) Re: legalities

From: M. David <davidm1_at_hotmail.com>
Date: 10/18/00
Message-ID: <LAW2-F197GQvnbEG10G00006115@hotmail.com>
A few weeks ago I read about how the Japanese police raided and shut down a 
guy who was running a porno-picture site on i-mode. It was supposedly the 
first time an i-mode site was shut down.
DoCoMo had no comment....
It wouldn't be in their interest to shut down such site, since they get 
cash from the packets.
I dont know of any precedent in Japan where the hosting company or access 
provider has been held responsible. Its nearly impossible for a provider or 
server to monitor all traffic- even China has a tough time with this.

David

>
>1) linking to an illegal site is illegal under Japanese law, under certain
>circumstances at least (there was a court ruling in Osaka end of April
>about this - relating to the guy who wrote the "masking software" for
>images). I am not sure on the latest legal rulings on that.
>
>2) Docomo don't link - but an imode request goes through their proxy. This
>gives them some control, and also POSSIBLY some POSSIBLE future legal
>liability (if the law went a particular way).
>
>Question: Are their circumstances in which anyone thinks they might
>exercise that ability to remove access to a "wild" site? Eg, if (when -
>this is sunny Japan) someone codes up an imode gateway to their
>"lolikon"site, the proxying element of imode makes it a legal target. (a
>better legal target is the site owner, if the images ARE illegal.)

>
>Nick
>
>

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Received on Wed Oct 18 17:24:16 2000