Winny Copyright Infringement Case
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Winny (also known as WinNY) is a Japanese
peer-to-peer Peer-to-peer (P2P) computing or networking is a distributed application architecture that partitions tasks or workloads between peers. Peers are equally privileged, equipotent participants in the network, forming a peer-to-peer network of Node ...
(P2P)
file-sharing File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia (audio, images and video), documents or electronic books. Common methods of storage, transmission and dispersion include re ...
program developed by Isamu Kaneko, a research assistant at the
University of Tokyo The University of Tokyo (, abbreviated as in Japanese and UTokyo in English) is a public research university in Bunkyō, Tokyo, Japan. Founded in 1877 as the nation's first modern university by the merger of several pre-westernisation era ins ...
in 2002. Like
Freenet Hyphanet (until mid-2023: Freenet) is a peer-to-peer platform for censorship-resistant, Anonymity application, anonymous communication. It uses a decentralized distributed data store to keep and deliver information, and has a suite of free soft ...
, a user must add an
encrypted In cryptography, encryption (more specifically, encoding) is the process of transforming information in a way that, ideally, only authorized parties can decode. This process converts the original representation of the information, known as plain ...
node list in order to connect to other nodes on the network. Users choose three cluster words which symbolize their interests, and then Winny connects to other nodes which share these cluster words, downloading and storing encrypted data from cache of these neighbors in a
distributed data store A distributed data store is a computer network where information is stored on more than one node, often in a replicated fashion. It is usually specifically used to refer to either a distributed database where users store information on a ''numb ...
. If users want a particular file, they set up triggers (keywords), and Winny will download files marked by these triggers. The encryption was meant to provide anonymity, but Winny also included bulletin boards where users would announce uploads, and the
IP address An Internet Protocol address (IP address) is a numerical label such as that is assigned to a device connected to a computer network that uses the Internet Protocol for communication. IP addresses serve two main functions: network interface i ...
of posters could be discovered through these boards. While Freenet was implemented in
Java Java is one of the Greater Sunda Islands in Indonesia. It is bordered by the Indian Ocean to the south and the Java Sea (a part of Pacific Ocean) to the north. With a population of 156.9 million people (including Madura) in mid 2024, proje ...
, Winny was implemented as a Windows
C++ C++ (, pronounced "C plus plus" and sometimes abbreviated as CPP or CXX) is a high-level, general-purpose programming language created by Danish computer scientist Bjarne Stroustrup. First released in 1985 as an extension of the C programmin ...
application. The software takes its name from
WinMX WinMX (Windows Music Exchange) is a freeware peer-to-peer file sharing program authored in 2000 by Kevin Hearn (president of Frontcode Technologies) in Windsor, Ontario (Canada). According to one study, it was the number one source for online m ...
, where the M and the X are each advanced one letter in the Latin alphabet, to N and Y. Netagent published a survey in June 2018 suggesting that Winny was still the most popular p2p network in Japan ahead of
Perfect Dark (P2P) is a peer-to-peer file-sharing (P2P) application from Japan designed for use with Microsoft Windows. It was launched in 2006. Its author is known by the pseudonym . Perfect Dark was developed with the intention for it to be the successor to bot ...
and
Share (P2P) is the name for a closed-source P2P application being developed in Japan by ファイル倉庫, a pseudonym translating as 'file warehouse.' ''Share'' was developed to be the successor to Winny. Like Winny, ''Share'' functions using a distrib ...
with approximately 45,000 nodes connecting each day over Golden Week. The number of nodes on Winny appears to be holding steady compared with 2015. Kaneko first announced Winny on the Download Software board of the
2channel , also known as 2ch, Channel 2, and sometimes retrospectively as 2ch.net, was an anonymous Japanese textboard founded in 1999 by Hiroyuki Nishimura. Described in 2007 as "Japan's most popular online community", the site had a level of influe ...
(''2ch'' for short) Japanese bulletin board site. Since 2channel users often refer to anonymous users by their post numbers, Kaneko came to be known as "Mr. 47" ("47-Shi", or 47氏 in Japanese), or just "47". After Winny's development stopped, a new peer-to-peer application, Share, was developed to be a successor.


Antinny

Since August 2003, several
worms The World Register of Marine Species (WoRMS) is a taxonomic database that aims to provide an authoritative and comprehensive catalogue and list of names of marine organisms. Content The content of the registry is edited and maintained by scien ...
called " Antinny" have spread on the Winny network. Some versions of Antinny work as follows: * Upload files from the host computer onto the Winny network. * Upload screenshots onto an image board. *
Denial-of-service attack In computing, a denial-of-service attack (DoS attack) is a cyberattack in which the perpetrator seeks to make a machine or network resource unavailable to its intended users by temporarily or indefinitely disrupting services of a host co ...
to a copyright protecting agency web site. Some people have uploaded their information unwittingly from their computers because of Antinny. That information includes governmental documents, information about customers, and people's private files. Once the information is uploaded, it is difficult to delete. Recently, highly publicized cases of sensitive file uploading have come to light in Japan's media. In particular, a defense agency was forced to admit that classified information from the
Maritime Self Defense Force The , abbreviated , also simply known as the Japanese Navy, is the maritime warfare branch of the Japan Self-Defense Forces, tasked with the naval defense of Japan. The JMSDF was formed following the dissolution of the Imperial Japanese Navy ( ...
was uploaded by a computer with Winny software installed on it. Following this,
All Nippon Airways (ANA) is a Japanese airline headquartered in Minato, Tokyo. ANA operates services to both domestic and international destinations and is Japan's largest airline, ahead of its main rival flag carrier Japan Airlines. the airline has approximate ...
suffered an embarrassing leak of passwords for security-access areas in 29 airports across Japan. A similar incident occurred with JAL Airlines on 17 December 2005, after a
virus A virus is a submicroscopic infectious agent that replicates only inside the living Cell (biology), cells of an organism. Viruses infect all life forms, from animals and plants to microorganisms, including bacteria and archaea. Viruses are ...
originating from Winny affected the computer of a co-pilot. Perhaps the largest Winny-related leak was that of the
Okayama is the prefectural capital, capital Cities of Japan, city of Okayama Prefecture in the Chūgoku region of Japan. The Okayama metropolitan area, centered around the city, has the largest urban employment zone in the Chugoku region of western J ...
Prefectural Police Force, whose computer leaked data about around 1,500 investigations. This information included sensitive data such as the names of sex crime victims, and is the largest amount of information held by Japanese police to have ever leaked online.


Arrests and court cases

On November 28, 2003, two Japanese users of Winny, Yoshihiro Inoue, a 41-year-old self-employed businessman from
Takasaki is a Cities of Japan, city located in Gunma Prefecture, Japan. , the city had an estimated population of 372,369 in 167,345 households, and a population density of 810 persons per km2. The total area of the city is . Takasaki is famous as th ...
,
Gunma Prefecture is a landlocked Prefectures of Japan, prefecture of Japan located in the Kantō region of Honshu. Gunma Prefecture has a population of 1,937,626 (1 October 2019) and has a geographic area of . Gunma Prefecture borders Niigata Prefecture and Fuk ...
and an unemployed 19-year-old from
Matsuyama 270px, Matsuyama City Hall 270px, Ehime Prefectural Capital Building is the capital city of Ehime Prefecture, on the island of Shikoku, in Japan and is also Shikoku's largest city. , the city had an estimated population of 505,948 in 243,541 h ...
, were arrested by the Kyoto Prefectural Police. They were accused of sharing copyrighted material via Winny and admitted to their crimes. Shortly following the two users' arrests, Kaneko also had his home searched and had the
source code In computing, source code, or simply code or source, is a plain text computer program written in a programming language. A programmer writes the human readable source code to control the behavior of a computer. Since a computer, at base, only ...
of Winny confiscated by the Kyoto Police. On May 10, 2004, Kaneko was arrested for suspected conspiracy to encourage copyright infringement by the High-tech Crime Taskforce of the Kyoto Prefectural Police. Kaneko was released on
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when ...
on June 1, 2004. The court hearings started in September 2004 at Kyoto district court. On December 13, 2006, Kaneko was convicted of assisting copyright violations and sentenced to pay a fine of ¥1.5 million (about
US$ The United States dollar (Currency symbol, symbol: Dollar sign, $; ISO 4217, currency code: USD) is the official currency of the United States and International use of the U.S. dollar, several other countries. The Coinage Act of 1792 introdu ...
13,200). He appealed the ruling. On October 8, 2009, the guilty verdict was overturned by the Osaka High Court. On December 20, 2011, Kaneko was cleared of all charges after the
Supreme Court of Japan The , located in Hayabusachō, Chiyoda, Tokyo, is the highest court in Japan. It has ultimate judicial authority to interpret the Japanese constitution and decide questions of national law. It has the power of judicial review, which allows it ...
agreed that the prosecution could not prove that he had any intention to promote the software for illegal use.


In popular culture

Japanese heavy metal band,
Maximum the Hormone is a Japanese heavy metal music, heavy metal/hardcore punk band from Hachiōji, Tokyo. Their lineup consists of vocalist Daisuke-han, drummer Nao, guitarist Maximum the Ryokun, and bassist Ue-chang. Each member alternates singing lead vocals, of ...
referenced the software in their song "A-L-I-E-N" by satirically urging listeners to stop using the service in the lyrics.


See also

*
Anonymous P2P An anonymous P2P communication system is a peer-to-peer distributed application in which the nodes, which are used to share resources, or participants are anonymous or pseudonymous. Anonymity of participants is usually achieved by special routin ...
*
File sharing in Japan File sharing in Japan is notable for both its size and sophistication.Shirley Gene Field (2010)"Internet Piracy in Japan: Lessig’s Modalities of Constraint and Japanese File Sharing". University of Texas The University of Texas at Austin ( ...
*
Perfect Dark ''Perfect Dark'' is a 2000 first-person shooter developed and published by Rare for the Nintendo 64. The first game of the '' Perfect Dark'' series, it follows Joanna Dark, an agent of the Carrington Institute research centre, as she attempts ...
* Share *
WinMX WinMX (Windows Music Exchange) is a freeware peer-to-peer file sharing program authored in 2000 by Kevin Hearn (president of Frontcode Technologies) in Windsor, Ontario (Canada). According to one study, it was the number one source for online m ...
* Winny copyright infringement case


References


Further reading

* (Japanese)


External links


Winny?

Download and nodes for Winny, Share, Perfect Dark


that critics claim that Kaneko states the aim of development that Kaneko spoke is his will of pushing the tide toward the world filled with copyright law violation
Japanese power plant secrets leaked by virus
The Register, 17 May 2006 {{file sharing Anonymous file sharing networks File sharing networks file sharing software Windows file sharing software Windows-only proprietary software