It was contested whether a program to acquire so-called virtual currency (crypto assets) by using the personal computer of a person who browsed the site without permission was illegal. A hearing was held in the Supreme Court to hear the claims of both sides.
Since the oral argument is a necessary procedure when changing the judgment, there is a possibility that the judgment of the second trial will be reviewed.
Four years ago, a 34-year-old web designer living in Tokyo was accused of embedding a program called "Coinhive" to acquire crypto assets by using the processing power of the personal computers of those who browsed the site without permission. accused of storing malicious programs.
The point of contention is whether the program can be said to be illegal, and at the hearing held at the Supreme Court on the 9th, the defendant's lawyer said, "The program has the potential to replace advertising as an important means of sustaining the Internet. It does not have a clear adverse effect on the personal computer of the person who viewed it, and it has some benefits," he claimed innocence.
On the other hand, the prosecution said, ``It is an act that can be understood as bad by common sense. Denying the illegality is equivalent to placing the computers used in Japan in a grassy field with similar programs from all over the world.'' requested that the appeal be dismissed.
In this case, the Yokohama District Court of the first instance said, ``Although the website is operated in a way that is contrary to the intentions of the viewer, the compensation that the site operator receives from the program will lead to the subsequent improvement of the quality of the website, which will benefit the viewer. It was judged that it could not be said to be unfair, and was acquitted.
On the other hand, the Tokyo High Court in the second trial said, ``It is a program that gives a disadvantage to the person who browsed it by making them provide computer functions without their knowledge, and there is no socially acceptable point.'' was sentenced to a fine of 100,000 yen.
The Supreme Court's argument is a necessary procedure for changing the judgment, so the judgment of the second instance may be reviewed.
Defendant 'prefers acquittal'
The defendant web designer was sent documents three years ago and received a summary order for a fine of 100,000 yen.
At a press conference after his argument, he said, "I don't know about the law, but I feel that it's a difficult issue to judge. If this case is found guilty, it will be difficult for creators to work. I hope for an acquittal." was talking
Takashi Hirano, the head of the defense team, said, "I think this case will affect not only this program but also the development of IT technology in Japan as a whole. The Supreme Court will carefully determine the correct relationship between law and technology, I want you to issue a ruling that sets a new standard so that it will not be abused.
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