The Taipei District Court on Monday ruled in favor of Japanese pornographic film studio MAX-A in an international lawsuit that accused Web site portals in Taiwan and other Taiwanese companies of making profits on films MAX-A produced through unauthorized distribution for online viewing and downloading.
MAX-A filed the lawsuit in 2010 against 12 Taiwanese companies, including Yamedia Inc (天空傳媒), alleging illegal distribution and copyright infringement and seeking compensation of NT$115 million (US$3.75 million).
The decision has been hailed as a landmark, since it is the first time a court in Taiwan backed copyright protection for pornography, with evidence indicating that Taiwanese suppliers and video download service providers signed no deals with MAX-A.
In past judgements, judges have ruled that pornographic films, known as AV (adult video) in Japan and Taiwan, do not warrant copyright protection, saying the materials violate sexual morality, contravene social order and are not in the public’s interest.
Monday’s ruling read: “Copyright law is to protect all forms of human ideas and expressions, and should protect the spirit of creativity. AV products are a manifestation of human civilization, a part of expressed speech and opinions, and therefore are protected under the Constitution.”
“Copyright law protects the intellectual creations by individuals and of their investment. It does not pass judgement on morality, social customs or if the product was good or bad... Therefore AV products are protected under copyright law,” it read.
The accused, Yamedia Inc, a Taiwanese portal best known for its yam.com (蕃薯藤) Web site, said it signed contracts and paid copyright fees to Taiwanese AV suppliers.
Taiwanese AV suppliers said they did not break the law because past judgements ruled that AV products lack copyright protection.
However, despite the ruling, MAX-A will not be able to receive financial compensation, because the court agreed with Taiwanese companies’ claim of not knowing they were breaking the law.
The ruling can be appealed.
MAX-A president Wataru Ishii came to Taiwan to testify.
Ishii said his company’s AV products are all registered with Japanese video industry authorities, each with a registered serial number, and all have copyright protection in Japan.
“We did not authorize AV product distribution to Taiwanese companies, and we have no authorizing mechanism in Taiwan. Therefore, it was not possible for Taiwanese AV suppliers and other companies to receive authorization from us,” Ishii said.
LOUD AND PROUD Taiwan might have taken a drubbing against Australia and Japan, but you might not know it from the enthusiasm and numbers of the fans Taiwan might not be expected to win the World Baseball Classic (WBC) but their fans are making their presence felt in Tokyo, with tens of thousands decked out in the team’s blue, blowing horns and singing songs. Taiwanese fans have packed out the Tokyo Dome for all three of their games so far and even threatened to drown out home team supporters when their team played Japan on Friday. They blew trumpets, chanted for their favorite players and had their own cheerleading squad who dance on a stage during the game. The team struggled to match that exuberance on the field, with
Whether Japan would help defend Taiwan in case of a cross-strait conflict would depend on the US and the extent to which Japan would be allowed to act under the US-Japan Security Treaty, former Japanese minister of defense Satoshi Morimoto said. As China has not given up on the idea of invading Taiwan by force, to what extent Japan could support US military action would hinge on Washington’s intention and its negotiation with Tokyo, Morimoto said in an interview with the Liberty Times (sister paper of the Taipei Times) yesterday. There has to be sufficient mutual recognition of how Japan could provide
UPDATED TEST: The new rules aim to assess drivers’ awareness of risky behaviors and how they respond under certain circumstances, the Highway Bureau said Driver’s license applicants who fail to yield to pedestrians at intersections or to check blind spots, or omit pointing-and-calling procedures would fail the driving test, the Highway Bureau said yesterday. The change is set to be implemented at the end of the month, and is part of the bureau’s reform of the driving portion of the test, which has been criticized for failing to assess whether drivers can operate vehicles safely. Sedan drivers would be tested regarding yielding to pedestrians and turning their heads to check blind spots, while drivers of large vehicles would be tested on their familiarity with pointing-and-calling
A Taiwanese man apologized on Friday after saying in a social media post that he worked with Australia to provide scouting reports on Taiwan’s team, enabling Australia’s victory in this year’s World Baseball Classic (WBC), saying it was a joke and that he did not hold any position with foreign teams or Taiwan’s sports training center. Chen Po-hao (陳柏豪) drew the rage of many Taiwan baseball fans when he posted online on Thursday night, claiming credit for Australia’s 3-0 win over Taiwan in the opening game for Pool C, saying he worked as a physical therapist with the national team and
RSS