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Saiko Saibansho Daiichi Sho Hotei [Supreme Court First Petit Bench]

Heisei 21 (Ju) no. 788, 65 Saiko Saibansho Minji Hanreishu [Minshu] (2011)

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Saiko Saibansho Daiichi Sho Hotei [Supreme Court First Petit Bench]

Japan Supreme Court
Heisei 21 (Ju) no. 788, 65 Saiko Saibansho Minji Hanreishu [Minshu] (2011)

Facts

Rokuraku was a service that converted television broadcasts into digital data and transmitted them over the internet. Various broadcasting organizations (plaintiffs) sued the provider of Rokuraku (defendant) for the unauthorized reproduction of copyrighted television programs. The court ruled in favor of the provider, holding that it was the Rokuraku users who technically performed the reproduction by choosing which programs they wanted to watch. The broadcasting organizations appealed to the Japan Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Kanetsuki, Miyakawa, Sakurai, Yokota, Shiraki, J.J.)

Concurrence (Kanetsuki, J.)

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