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インターネット上の著作権を守れ
ホテル関係の体験談を書き込む、あるネット掲示板。みんなが情報交換に利用していたが、ネット運営者が掲載内容を無断で本に引用した…。
Your words are yours
Somewhere in the vast expanses of the Internet there is a Web site where, until recently, Japanese-speaking people congregated freely to exchange their experiences, questions and comments about ... hotels. It was the sort of place where one person might write about the splendid decor to be found at a glamorous four-star hotel in Venice, while others would argue about which inn served the very best hot-spring eggs in all of Japan. Most of the participants posted semi-anonymously by using a nickname. The space was administered by a company that produces books, not surprisingly, on the subject of hotels and inns.
Imagine that you, as one of the people who had posted something in that space, woke up one day to discover that the company managing the Web site had reproduced your contributions in a paperback, without your permission.
Of course, you, like everyone else exchanging views there, fully understood that your writings could be viewed by anyone that dropped by the Web site. But while you might be comfortable ranting a bit about, say, "the lousy room service at Hotel X" before a relatively contained viewership, having that opinion introduced in a book is another matter entirely, you might think. And since people were paying money to read the book - and your post contained within - shouldn't you receive a portion of the profits?
Eleven of the people who unwittingly contributed to the paperback thought along these lines, and approached the publishers. After unsuccessful negotiations for an out-of-court settlement, they filed a lawsuit on the grounds that their copyright had been violated. In response, the publishers argued that the reproduction of the posts was appropriate, as the contributors had released the material on the Internet under assumed names, and thus relinquished their copyright.
Then, in the spring of last year, the Tokyo District Court found in favor of the plaintiffs, ordering the defendants to pay a total of ¥1.2 million in damages and cease publication of the book - a ruling later upheld by the High Court.
Unfortunately for the plaintiffs, the victory was bittersweet, for the amount they paid out in legal fees turned out to be greater than the amount they were awarded. Considering also the time commitment and stress that the plaintiffs endured during the ordeal, one can only conclude that the legal system did not deliver real justice this time around.
In the days when almost everything in writing was on paper - if not etched in stone - a person had to use pen and ink and a printing press to reproduce another's works. These days, it is possible to copy and publish such a document with only a few point-and-clicks of a mouse. True, Japan's Copyright Law provides protection for those whose rights have been violated. But the legal system must be revised so that one can win without losing. Despite the shortcomings of the system today, however, the violated must not fail to cry foul and seek relief. For each time people do not stand up for their rights when they should, those rights may become diminished or obscured for all.
Shukan ST: Sept. 19, 2003
(C) All rights reserved
- vast expanses
- 広大な広がり
- congregated
- 集まった
- decor
- 装飾
- participants
- 参加者
- posted
- 情報を書き込んだ
- semi-anonymously
- 半ば匿名で
- was administered
- 運営されていた
- not surprisingly
- 驚くにはあたらないが
- contributions
- 投稿
- permission
- 許可
- 〜 exchanging views
- 意見を交換している〜
- could be viewed
- 見られる
- dropped by 〜
- 〜を訪問した
- might be comfortable ranting a bit
- ちょっときついことも気楽な気持ちで言える
- say
- 例えば
- lousy
- 最低の
- relatively contained viewership
- ある程度限られた閲覧者
- your post contained within
- 自分の書き込みが収録されている
- portion
- 一部
- unwittingly
- 知らず知らずのうちに
- thought along these lines
- 同じように考えた
- out-of-court settlement
- 示談
- filed a lawsuit
- 提訴した
- on the grounds that their copyright had been violated
- 著作権が侵害されたという理由で
- argued
- 主張した
- reproduction
- 転載
- appropriate
- 適切である
- assumed names
- 匿名
- relinquished
- 放棄した
- Tokyo District Court
- 東京地裁
- found in favor of the plaintiffs
- 原告側を勝訴とした
- defendants
- 被告
- in damages
- 損害賠償金として
- cease
- 差し止める
- ruling
- 判決
- upheld
- 支持された
- bittersweet
- 悲喜こもごもの
- legal fees
- 裁判費用
- amount they were awarded
- 彼らが受け取った金額
- time commitment
- 費やした時間
- endured
- 耐えた
- ordeal
- 厳しい試練
- if not etched in stone
- 紙がないときは石に刻んだ
- printing press
- 印刷機
- with only a few point-and-clicks of a mouse
- マウスでちょっとポイントし、クリックするだけで
- Copyright Law
- 著作権法
- Despite the shortcomings
- 不備な点はあるものの
- cry foul
- 非難の声を上げる
- diminished
- 少なくなる
- obscured
- あいまいになる