The New or Evolving Access Right

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					       The New or Evolving
         Access Right

              by
          Naoki Koizumi
        Professor of Law
   Sophia University Faculty of Law
            Tokyo

       Japanese Anti-Unfair
         Competition Law

Civil liability against who:
 1.delivers an anti-access control device
 (not an act of circumvention itself)
 2. causes a detrimental effect on the
 commercial interest of the plaintiff
           Access Control
Access is not itself within the exclusive
 right
Circumvention of a copy control shall
 not be copyright infringement
Cf. trade secret protection
       “Sreambox” device

Criminal under Japanese Copyright Law
Liable under Japanese Anti-Competition
 law
      “Reimerdes” Problem
Posting a program whose only function is
 to decode a DVD protect shall be liable
 under Japanese Anti-Unfair Competition
Law
Cf. fair use ?
 Right of making transmittable
Japanese Copyright Law deems the
 person who makes a work transmittable
(not the transmittee) by the Internet as
 the “user” of the work
         Temporary Copy
Decision of the Tokyo District Court on
 2000. 5. 16 (Star Digio )
1. Temporary storage of music data onto
 the RAM shall not fall within the
 definition of “reproduction” under
 Japanese Copyright Law
2. Only storages capable to be repeatedly
Used shall be infringement
     Mere conduit/ Caching
Under consideration by the Japanese
 Government
Thank you for your kind
      attention !