Japanese police arrest man for tampering with Pokémon Violet save data
ign.com
ign.com
"Police in Japan have arrested a 36-year-old man on suspicion of selling illegally modified Pokémon save data to customers online — a practice which is banned under the country’s 2019 Unfair Competition Prevention Act."
Now, it's still a ridiculous story, but it's a little easier to see how this happened.
That law is basically Japanese version of DMCA.
"Unfair Competition Prevention Act" is an antiqued piece of law first enacted in 1930s. Its original scope was trade malpractice such as corporate spying.
In 1990s, Japanese gov (somehow) decided to implement DRM protection in the framework of this law. So it ended up governing both trade secrets AND DRM.
Unfair competition: you make money out of sabotaging the perfectly good game I wrote, reducing the enjoyment for players who don't cheat
I'm not saying this is a great stance, just showing how it is seen as competition in the second scenario alone.
I hope modifying the save file for yourself is not illegal still.
Also less than a year ago age of consent in Japan was 13 years, talk about priorities.
If you read past the clickbait title, however, you’ll find that the individual prefectures have had stricter age of consent laws for many years. https://en.m.wikipedia.org/wiki/Ages_of_consent_in_Asia
Did you know that the United States still has NO age of consent law at all? It’s true, there is no federal law that addresses the subject. (Each state has its own law.) https://en.m.wikipedia.org/wiki/Ages_of_consent_in_the_Unite...
That's a lot like saying the united states has no age of consent. It was higher in every prefecture, with some variations.
E.g. if there was a 2022 law calling for arrest of those holding ice cream cones upside down because of risk to the sidewalk cleanliness then knowing that gives perspective to why someone was arrested for holding an ice cream cone upside down beyond just a random arrest decision for something one thinks everyone would consider harmless. That doesn't mean it convinces you personally that the law is reasonable and, just that it was indeed an explicitly illegal activity.
It still needs an explanation because at a surface level the crime and the name of the law have nothing to do with each other.
Until that explanation exists of how the law says it's illegal, I don't have the perspective of seeing the law explicitly say that!
I am not even in the realm of talking about whether the law makes sense.
My stab at the likely background reasoning for having these rules (i.e. not explicitly written into the law but rather why the law might have been made) is something along the lines that the guy made money off of devaluing the rarity of IP the company was supposed to have control of distributing through their proprietary means.
It reads like an anti-circumvention law to me, but I’m not clear on what specifically in there would make it applicable to modified video game save data unless you can argue that modifying save data is a wrongful way to acquire to a particular game state.
[1] https://www.japaneselawtranslation.go.jp/en/laws/view/3629
https://law.stackexchange.com/questions/85973/how-to-address...
I'd like to know whether this Japanese law explicitly says "selling video game save data is illegal" (seems less likely) or if there is an interpretation of the Unfair Competition Act that the alleged facts constitute counterfeiting or something.
https://www.japaneselawtranslation.go.jp/en/laws/view/2803/e...
I'm not a lawyer so I'm not an expert on the Japanese legal system but merely asserting that the law bans a specific act isn't helpful because it doesn't explain how.
I'm not saying nobody can ask further questions if they want , just that arguing you can have no new understanding of the situation without an explanation to the level of a Japanese lawyer arguing the text of the law in a way you personally understand and can follow is silly. You also don't need to personally and independently validate the dude's sales transactions to be able to get the takeaway that yeah, the article is probably right that he made sales of this service and didn't just modify personal files.
Expanding that by mentioning the Unfair Competition Prevention Act gave me no additional understanding.
It's not that I can't comprehend the situation just fine as a layman, it's that the quote above did not give me any perspective I didn't already have from the headline. It was not helpful as an addition to the headline. It only introduces a new mystery.
Concluding there must be no possibility to see new information to see out of something in the face of others doing just that is not something others can help you with. Either you're interested in extracting the extra information on your own or you won't accept someone telling you it's there. Either way: yes, it's still really additional perspective to most others regardless of you see how.
For me, grinding 98% of the time is not enjoyable. Game are definitely better than what they once were, but let me cheat on single player games. I get it game developers, the play time will be shorter I'm fine with that.
And game devs if you don't want to add cheats then add a bunch of accessibility controls because those things are just as good as cheats.
Also just let me temporarily turn off encounters. Sometimes I don't want to fight. I just want to walk around and enjoy the world you made. But no I get an encounter every minute and I'm stuck listening to that same battle song again. Looking at you Yakuza franchise.
One particular company, Cyber Gadget, even used to sell commercial save game editor apps, and they had to pull them after this law was introduced.
https://ja.m.wikipedia.org/wiki/%E3%81%A8%E3%81%8D%E3%82%81%...
> (Right to Integrity)
> Article 20 (1) The author of a work has the right to preserve the integrity of that work and its title, and is not to be made to suffer any alteration, cut, or other modification thereto that is contrary to the author's intention.
If you distribute hacked save files, you are "cutting out" parts of the original game story, and thus violate this article.
Yes, it is ludicrous, but it's consistent, at least.
Last time I've seen it used was for an architect to prevent us from using garbage bags of a different color. I am not kidding you. Their interior design was very specific (and good) and this was an attempt to save costs and it looked weird, but still
At least from my reading of section 1201 alone, I don't see criminal charges mentioned, though I'm just a laymen. They seem to be able to use it in combination to charge you though, so not any better than Japan.
This doesn’t need done at all. This is just whataboutism. This story does not involve the USA and the discussion about other countries does not need to be derailed every time with discussion about and comparison to the USA.
This is also why urbex communities reccomend not bringing picks while exploring places, as they'll bring more trouble than its worth if you're caught.
Never ever have anything that could be construed as a weapon or burglary tool. Even if all you did was walk through an open door it makes it far too easy to build a case for breaking and entering, instead of much milder trespassing.
There was also a second attempt where people would mail in their disks, and receive an edited version back. Again, lost.
So, whether we like it or not, nope. That’s not how things work, because any editing creates a “derivative work” in the eyes of the law, and only the copyright owner is allowed to make such derivative works.
Even if you edit the film yourself, you’re making a derivative work. The only reason you won’t be sued is because the harm is $0.
CleanFlix was sued because they were editing and distributing movies without studio permission, but a competing product called ClearPlay, which was a specialized DVD player that you would plug a flash drive into, and censorship was then overlayed. It was allowed to continue existing because the end user was technically the one making the edits on their copy of the movie, and the movie itself was not being redistributed.
Edit for below (“too many responses”):
Irrelevant; as ClearPlay does not properly speaking edit the video; but messes with the playback timeline.
Editing the video is illegal. Messing with the timeline as the unedited film is playing? Completely permitted for accessibility, organization, and other reasons. In particular, that amazing thing called an ad blocker. Skipping 30 seconds ahead to avoid an ad is legal, but editing the ad out is not.
ETA: Clearplay doesn’t just muck with the timeline. It would overlay clothes over nudity, replace naughty words, etc. It’s actually a kind of neat bit of technology.
I think without this act it might be considered a deriative work and illegal actually
Selling a modified copy for a profit? Yes, that would be a violation of copyright. That's the distinction being made.
those little modifications made from a consumer prob dont count. the first sale doctrine covers minor wear and tear type stuff
you cant make audio books, illustrations, or translations of a book without the authors permission
note that text to speech isnt considered derivative work. its considered a tool rather than creating content. so its legal for a kindle to read it to you
It's somewhat of a case by case basis matter and it's rarely brought to the court, but just because you own a piece doesn't always make it all to your discretion to modify it.
so yes even at home, making art for a book you dont have permission for, and isnt seen by anyone but you, is still copyright infringement
That's the important bit - the things you called illegal a few comments back were obvious examples of (presumptive) fair use.
More generally, whether something is copyright infringement can be vague and subjective - so the bar for going around saying "yes, that is infringement" is not "does it meet a description I read online?". The bar is: "have courts previously ruled that a very similar case was infringement?".
It seems to me that computers programs have more rights than humans.
It would be interesting if they had 1) distributed a program that automatically edits the user's copy, or 2) edited VHS tapes that customers sent in by physically splicing them. I'm pretty sure the first should be legal, but I'm curious what they'd make of the second.
It appears that it’s still around and does stuff on top of streaming applications.
You can’t legally make derivative works. Even in the privacy of your own home. It’s only that there’s nothing to be legally won from if you only did it at home. That’s a pragmatic distinction, not a legal one.
(In the end he couldn’t legally do it in any fashion)
Yes, please. Hell, throw patents in too while you're at it.
The copyright owners are begging for a restructuring. One that would greatly increase their authority on two issues: AI use, and Internet website blocking.
Ask for a restructuring right now, and you’ll bring Japanese-style copyright to America (“fair use” doesn’t exist over there) with European-style judicial site blocking (and mass blocking of suspected piracy outlets).
If you want to see a world without fair use, check out the Japanese Wikipedia pages -- it's noticeably lacking in pictures and images than the English counterpart, likely because the latter was written by those in the U.S. It's especially ironic when there's more photos and images on the English language article for topics about Japan!
And with a German-style enforcement procedure (i.e. all copyright infringement is criminal, but personal non-commercial use is civil) and Mexican-style copyright term (120+ years after death).
How would you incentivize companies to spend years and millions in R&D, if anyone can benefit from their inventions immediately after they're done?
Patent trolls are a problem, patents themselves aren't
100% agree and I'm primary author on 2 software patents taken out by a former employer. Software is maths. Patenting a software process makes as little sense as allowing patents on any other mathematical function.
I also think business method patents in general are crazy, because pretty much all business processes have some sense of inevitability to them that in my view should fail the "obviousness" test for patentability. It seems the tide has turned against them officially too which I think is positive overall for society.[1]
[1] http://www.kilpatricktownsend.com/~/media/Files/articles/201...
Please refrain from implying that the question you're answering to was asked in bad faith. You're not "biting", you're answering a valid question.
https://sg.news.yahoo.com/japan-man-jailed-10-yen-theft-1159...
https://www.straitstimes.com/asia/east-asia/school-principal...
It's severe, but I don't know what degree it's a waste of public resources. People like the rock-bottom crime rate. On the other hand, word is that Japanese police are not great at investigating more well-planned crime. A trend has emerged in recent years of professional criminals basing themselves abroad and using social media to recruit naïve/disaffected people for the manual labor part.
Selling cheat devices/services is treated as a kind of unlawful commerce, because Ruining It For Everybody is socially unacceptable there.
>Its worth noting that the raw last for Pokemon — ...
there's also some duplicated lines (the headline makes an appearance without a space after a period, for instance) and some repetition.
Not sure if AI or a hastily written article by someone unfamiliar with words. Not sure what the TCG has to do with save files, either.
Yeah, I'm still not sure what is meant in that sentence
All these verbs relate to some sort of commercial transaction, rather than the modification per se. My read is that you could modify it freely, or even write an article documenting the save file format and how to mess with it. It's the act of commercializing the process that makes the difference between a server ban and an arrest warrant.
What is significant about this one?
Tell me you know nothing about FGO without saying you know nothing about FGO.
Microtransactions in FGO are for purchasing new characters from the gacha. "Power boosting" only comes from just playing the game like everyone else.
Source: Been playing FGO Japan since 2016, and yes I'm a whale and yes I'm happy.
I remember getting it to run on one of my devices once for a while but I was shocked at how bad the english translation was, worse than the average live action Chinese TV series.
To be fair Fate games are all about developing a strong emotional connection to the characters so I can definitely see somebody rolling a huge number of times if they want a character that they moe really hard for.
Are the modified Pokemon being used in competitions? What is the harm, really?
Even if they were, the penalty should be limited to being banned from future competitions, not prison.
I also think that east Asia thinks that esports are as important as normal sports, at least in the sense of exporting their culture. Everyone wants to be Hollywood or the NFL, and esports are their route to that kind of international renowned, or so they think. Thus, they have a bunch of laws to make sure nothing crops up that could impact that. Pokemon isn't an esport, but if you're 80, you don't know that.
As for this case, the prohibition on selling mod tools/services is certainly to protect the game manufacturers; if there's a perception that it's easy and safe to cheat in the game then players' incentive to spend (whether via microtransactions or future releases) goes way down, and so does the publisher's revenue, and so do tax receipts. I can't help noting that Japan's game industry isn't engaging in mass layoffs over the last few years, suggesting that maybe they know what they're doing.
https://www.japantimes.co.jp/business/2024/04/02/japan-no-ga...
No manufacturer wants their product utility diluted. After market modifications that add a benefit to the user don't make the product any worse for people without the modification. but in a product which is used by people to compete for social entertainment, modifications absolutely hurt the product because wins and losses are no longer a function of skill.
There is 0 chance whatever prohibition on selling mods had any impact on mass layoffs happening or not happening.
This seems like a stretch even under Japanese law, since the article gives the impression that he was not selling the cartridges themselves, but merely the service of taking cartridges and modifying them. But Japanese copyright law is kinda crazy. There's a reason that Japanese Wikipedia is almost totally bereft of images.
Interestingly, it's pretty much standard for competitive Pokemon players to use hacked Pokemon because of the crazy time investment the game demands to train Pokemon with optimal stats and movesets legitimately. They use free methods to do this though.
This is actually pretty clear cut.
For €100 you can have someone remap the fuel injection system to give you more power for less fuel (VW are notorious for this, you can easily get 25% more power), or you can have environmental features disabled that will end up breaking such as EGR, DPF, AdBlue, etc.
Someone who does it is a friend of a friend, and he drives a Tesla, so I guess it's not a bad business to be in.
If people modify their cars in dangerous or illegal ways, that's presumably already a crime they could get their license revoked for.
this is up there with the case where they arrested a student for some javascript code she wrote that caused never ending alert dialog popups at the library?
Neo-confucianism is just glorified gerontocracy.
> The 36-year-old allegedly took custom orders for rare Pokémon, and sold the resulting tampered data between December 2022 to March 2023, for up to 13,000 yen ($84) a time on a website that served as a marketplace for video game assets and items. He also offered deals in which six Pokémon would be created for the equivalent of roughly $30 in yen.
Yet bunch of ojiisans steal $1.7 billion as executives of a flagship Japanese company and nobody goes to jail. Some gaijin CEO 20x your struggling car company and you send HIM to jail for taking a bit of bonus as compensation!
Unreal.