Original subtitles

Downloaded from YTS.MX

Official YIFY movies site: YTS.MX

"My computer"

"I'll create a file-sharing software like Freenet, but for 2chan users"

"For Windows, of course."

"Here it is."

"Yes!"

Recently, a massive number of movies, music,

games and other products are exchanged illegally online,

via file-sharing software, Winny.

There are over 2 million users in Japan.

I've never thought about being arrested.

It's not because I don't want to pay money at cinemas.

By using this software,

paid-for contents such as films and music

can be downloaded for free...

"Add to download list"

...so there are growing calls for regulation from a copyright perspective...

"The total damage was several billion yen"

"Warning about a virus that spreads infection via Winny"

P2P is getting a lot of attention.

In peer-to-peer technology,

peers are on an equal footing.

so processing doesn't rely on a specific computer as in the client-server system.

Therefore...

Mr. Katsura. Sir.

Mr. Katsura. Mr. Katsura!

Please pay attention.

P2P technology will surely change the world in the near future.

You don't want to fall behind the times.

I hear you but it's beyond me.

This is the minimum you need to know.

Peer-to-peer means you're on equal terms, right?

Don't be condescending.

Don't forget generational differences.

All right then, in P2P networks,

it is difficult to analyse who obtained the data.

Lately, file-sharing software like Winny...

"Secret Manual for Winny Users"

"Nov. 27, 2003 Bunkyo City, Tokyo"

Where's Masahiro Ida?

"Takasaki City, Gunma Prefecture"

Why?

We have a warrant.

- Who are you? - Kyoto Police.

Who is it?

You're Ida, right? We have a few questions...

Hey, stop, you!

- Suspect took off! - Stop!

Stop!

Stop him!

"Matsuyama City, Ehime Prefecture"

What the hell?

Who the hell at this hour?

You're Kyohei Minami?

Yes.

You've been using Winny to illegally upload and download files, right?

What? I... No!

No, who are you?

Good morning.

Kyoto Police High-Tech Crime Task Force.

We have a warrant. You know why, don't you?

Still half asleep.

Excuse us.

Mr. Kaneko.

Which computer has Winny on it?

Are you investigating something?

Just tell us which one.

This one...

This one, this one...

This one, and that as well.

Which one do you use now?

- This is the main one... - This.

Why? It won't upload.

It's for downloading only.

No way, that's not possible.

- Omori. - Yes.

- It won't upload. - Right.

What's going on?

"Osaka City, Osaka Prefecture"

Next on the news.

The Kyoto Police

arrested two men for illegally uploading files

on the file-sharing Winny network.

Kyohei Minami from Ehime Prefecture,

Are you familiar with Winny?

I've heard about it.

have been arrested on suspicion of copyright violation.

So arrests are being made now.

What a bunch of losers.

Let's eat.

Dan, I wanted to ask you something.

Yes?

Would you help me defend these losers?

Are you taking this case?

Got a call this afternoon. Help me out, Dan.

You're an expert on cybercrime.

No, no point in defending them.

Don't say it like that.

Why did you create Winny?

Another software called Freenet was revolutionary and it inspired me.

Like I've been saying over and over...

Your aim was to proliferate piracy, right?

- No, I... - Didn't you?

Mr. Kaneko.

Firstly, we need you to shut down the Winny site.

That I don't mind.

But that's not enough for a fundamental solution.

What do you mean?

Write and sign a pledge.

- A pledge? - Yes.

A declaration that you'll stop developing Winny.

Oh. OK, sure.

If there is anything I can do to help, I will.

Have you ever written a pledge?

No...

Come on, Dan. I'm not familiar with cybercrime.

I'll help if the developer is arrested but that won't happen.

How can you be so sure?

For example, let's say I stabbed you to death with this knife.

Who gets caught?

- You, of course. - Right?

Can we charge the person who made the knife?

I get it now.

Technology isn't to be blamed. It's how people use it.

This is just a tool to eat meat.

There have been similar high-profile cases in the U.S.

There was the Napster case, and another file-sharing software case,

but developers weren't arrested.

Protruding stakes get hammered, huh?

A stake that sticks out too much won't get hammered down.

Whoever created Winny is that great?

He's worshiped like a god on the internet.

Winny is truly a technology ahead of the time.

It's going to change the world someday.

Thanks for waiting.

Here's a sample pledge.

Copy this down and you can go home.

All right.

"I knew well..."

"that Winny would be used..."

"by a large number of people, some of whom would..."

"violate the copyright laws." What is this?

Hmm? Just copy it down.

Can I change this later?

Of course.

Sorry it's so late.

- That's all right. - Apologies.

"...to proliferate piracy..."

"on the Internet..."

"Matsuyama East Police Department"

"Six months later"

Copy this memo on a receipt.

Copy this on a receipt.

Not me?

You wouldn't do it anyway.

Listen, if you forge a receipt,

that's an offense punishable between 3 months and 5 years.

Forge an official document based on them, that's a year to 10 years.

Fraud and embezzlement are up to 10 years.

You're committing such crimes.

Can you still investigate a petty shoplifter?

I know I shouldn't be doing this.

But everyone does, so...

Why are you doing this?

For the good of the organization.

- Is that a reason to do anything? - What else can I do?

Ordinary people persevere and obey even when you have things to say.

Not everyone is tough like you, Mr. Semba.

Give me a break.

"From: Your sister"

"Isamu, this is from New Year's. It was good seeing you!"

Mr. Kaneko, we have your arrest warrant for aiding and abetting piracy.

Let's talk inside.

"Kitajiri Law Office"

Hello?

Hello, it's Okuda. Turn on the TV.

Sure.

Kyoto Police, the nation's top cybercrime experts,

arrested Winny developer Isamu Kaneko on suspicion of aiding piracy...

Oh my god.

You said you'd defend the developer, remember?

Yes. I did.

As you know, on November 27th last year,

two men who illegally uploaded movies and games were arrested.

Mr. Kaneko's house was also raided on the day, but...

He wasn't arrested.

They couldn't, to be precise.

Why not?

They didn't find evidence they anticipated.

What evidence?

The police are focusing on his intention of development, right?

They think it was "to proliferate piracy."

- What do you think? - I personally don't think so.

But he's written posts that could be interpreted that way.

"Traditional concepts such as copyright are starting to fall apart."

"If someone can make a hole in the wall..."

Indeed.

No, no. Please see page 19.

Mr. Kaneko often reminded users

to stop using the software to do illegal things.

True.

Are you sure Mr. Kaneko wrote both?

Probably.

Then it sounds like he's contradicting himself.

That's a misunderstanding.

Context matters.

We shouldn't pick and focus on certain parts.

No, that's not what I meant...

I'm afraid we can't give interviews.

Let me put you through to the person in charge.

Mr. Dan, line two.

Hello, Dan speaking.

Hello, my name is Nakajima. I'm a programmer.

I'd like to speak to the lawyer in charge of the Winny case.

I'm the one in charge. How may I help you?

You see, some 2chan users have suggested

that we raise money to cover Mr. Isamu Kaneko's legal defense.

We figured it'd be safer to open the account in his lawyer's name.

I see. But I can't deal with that right now...

We 2chan users want to support Mr. Kaneko.

We'd really like to ask for your help...

"Traditional concepts such as copyright are starting to fall apart."

"Authorities can control it by regulations."

"But if it's technically possible,"

"If someone makes a hole in the wall, then there's no return."

"It'll just collapse eventually."

"A different concept of copyright will be needed in the future."

Nice to meet you. I'm your lawyer, Dan.

I'm Hayashi, also a lawyer.

I'm Kaneko. Thank you for coming.

Let me explain the situation briefly as we are pressed for time.

We've put together a defense team and are figuring out what happened.

Some strangers may be dropping by, but don't worry, we've been informed.

OK.

Also, don't sign anything unless you are fully satisfied.

It can be used as evidence in court.

Oh.

He was rather elusive.

Why do you think he created Winny?

Well...

Do you think it's inevitable that he'll be found guilty of piracy proliferation?

A friend of mine from college is a programmer for the government.

He said that the Winny case is cyber terrorism.

Cyber terrorism?

It's just an urban myth, but there are rumours that he's a foreign spy.

"Kyoto District Court"

Did you create Winny for the purpose of proliferating piracy?

I never said that.

But you wrote so during the police interview.

I was told to write that.

"Gojo Police Department"

Sign here.

I beg you. Please cooperate with us.

"I said in court that I didn't mean to proliferate piracy, but that was a lie."

"My lawyers told me to say so."

Yes.

"The problem is uploading an illegal file, uploading itself is not illegal."

- I'm back. - Yeah.

- Mr. Dan. - Hmm?

I had your bank book updated. One book wasn't enough.

Oh.

"¥5,230,500"

Wow.

- Thank you. - Sure.

What's up?

Have you seen today's interview report?

Mr. Kaneko has signed a confession.

What?

That what he said in court was a lie and that we made him say it.

Oh god.

"Gojo Police Department"

Why did you sign it?

I thought I should cooperate with the investigation.

Cooperate? By signing bullshit?

But I can change it in court...

You think they'll believe you if you change it in court?

Yes.

The courts in this country aren't that lenient.

Signing a confession means you admit to everything in it.

I thought I could still change it even after signing it.

Unfortunately, you can't.

Mr. Kaneko, you have to fight.

Take a look at this.

Volunteers on 2chan raised money to support you.

They all believe you're innocent.

Can you read it?

Yes.

"Mr. 47, hang in there."

"Stick with it, 47."

"Rah rah 47."

"47 is innocent."

"Stay alive, 47."

"You can do it, 47."

"Kyoto Prosecutors Office"

"Prosecutor Seiji Isaka"

It's about time you talked.

Admit the charges for your sake.

Then you'll be released on bail.

You don't want to be locked up forever, do you?

Don't you feel responsible at all?

What dangers does Winny pose?

It destroys the democratic copyright system.

It's technological and informational terrorism.

They're treating him like a terrorist.

- He's an "ero-rist" in here. - "Ero-rist"?

"Arrested Winny Developer's Kinky..."

Displaying seized porn videos and allowing them to take pictures.

They've gone too far.

No tech in Japan will try anything new if this kind of oppression is allowed.

Maybe you should speak to the prosecutors.

A lot of information has been leaked to the media.

Who's doing this?

The media did that on their own. We had nothing to do with it.

But they had to know about his arrest to take this photo.

How would I know?

So if a person in authority shared the information,

it's not a "leak." Is that what you're saying?

Of course that's not a leak.

Investigative agencies have a mission to protect national security.

If you really care about the future of this country,

Mr. Kaneko should be released immediately.

On what grounds?

Because arresting the developer is beyond unjust.

But he signed the confession saying that what he said in court was a lie.

That's because you...

Are you accusing us of forcing him?

Then submit your evidence to the court in the proper manner.

We'll fight it out fair and square. This is a law-abiding country.

Can you say that with pride?

Huh?

I'm asking you if you can say that this arrest

is right for the future engineers and for the people of this country?

If you'll excuse me, I have another appointment.

"Koundo Bookstore"

Welcome.

"Astronomy Magazine"

- See you again. - Yeah.

"Narimatsu Electronics We Sell Microcomputers"

Computers are cool, huh?

Did you make this by yourself?

That's amazing. Don't delete it. Leave it there.

What happens if I'm prosecuted?

Then we'll apply for bail.

But bail is not easily granted in today's criminal justice system.

It's my fault, isn't it? Because I signed those papers.

It's not your fault. The way they behaved was wrong.

Mr. Dan... I'm not allowed to use a computer, am I?

Not now, no.

Winny has a number of issues.

One of them is synchronization of the bulletin board.

I think the admin could do it by using digital authentication.

That's why I want a computer.

I see. True, if you can sort that out, you might find a way

to bring more benefit to the copyright holders.

Exactly, that has always been the issue.

For example, how about a method where

only those who paid get the encryption key?

I thought about that, too.

But if someone cracks the code and circulates it,

there's no way of stopping it.

Or the BB's digital authentication could be applied to manage file sharing.

That's interesting. How?

The BB admin adds the digital authentication in this method.

When the admin sends a signal to delete a file,

everyone will trust it and delete it, that's the concept.

You mean, forcing an ignore function on nodes?

- Couldn't that be hacked? - I don't think so.

No, wait...

He climbed the mountain just because it was there.

A mountain?

He didn't create Winny to proliferate piracy.

Rather, he created it to protect the rights of the creators.

I'm sure of it now. Copyright infringement wasn't his intent.

In fact, he's even thought out the operational details...

Wait a min.

It's Mr. Hayashi.

Yes?

Got it.

Mr. Kaneko has been charged.

"Indictment"

What he "aided and abetted" is not clear.

There aren't many precedents.

What does it mean?

It means he assisted a crime.

"Aid and abet" is one of the difficult areas of criminal law to interpret.

What are you doing?

I'm going to the court to get him out on bail.

Is that possible?

I don't know, but we have to do everything we can.

Good luck.

- Thanks. - Oh, sure.

Mr. Katsura?

If it goes to trial, we'll need a specialist in criminal cases.

I'm going to see Mr. Akita.

Really? That's awesome.

See you later.

Is Mr. Akita really that good?

A criminal defense lawyer may be able to win one case in their entire career.

Mr. Akita has won more than 10 times.

He's a legend.

"Key points of the trial aren't clear nor concise."

Mealtime.

Thank you.

You saw the paper, right?

Well, yes.

I've been here a long time, but never seen it blacked out so much.

The other inmates are wondering what big-time criminal is here.

You know what, I've used Winny, too,

to download uncensored porn.

Your Honour, please grant him bail.

But he might flee.

He has no need to flee. Donations have been collected to support him!

If there is a risk of flight, we can place him in a hotel room.

Everyone in Japan and the world is watching the Winny case.

What will happen in the trial?

We are waiting...

They're here!

Get out of the way!

What the heck.

"Kyoto Detension House"

Why no photos?

- This is insane. - Yeah. Hope they don't notice.

Thank you for everything.

Mr. Kaneko!

Oh, hi.

What are you doing?

- Come on, hurry. - Oh, yes.

I'll act as a decoy. You get in that car over there.

- Hurry. - This way.

It's so boring without a computer.

I did get a lot of sleep.

- Get in, quick! - Oh, yes.

- Scoot over. - Oh, yes.

The car carrying Isamu Kaneko has just returned.

We'll ask for a comment before the trial... Oh, he's here!

Comment, please!

Let's do this.

Give us a word!

OK, let's go.

No! If I can't use a computer, that's no different than jail!

That's not what we meant. You just can't develop programs.

Telling me to stop programming is the same as telling me to die.

Mr. Kaneko...

Mr. Kaneko, this is a list of people you can't speak to.

Please don't contact the people listed here.

Even my sister?

I'm sure she's worried, so I'd like to talk to her.

I'm very sorry but please don't contact her.

I'm sorry.

Shall we go?

Please excuse us.

Excuse us.

They were already doing it when I was assigned there.

In the police force. Very routinely.

Slush funds were raised by using fake receipts in the names

of non-existent police informants.

"Former Chief of Accounting Division of Ozu Police Station"

I thought I'd expose them someday, so I kept some evidence.

They pretend to have met informants

and fake receipts for food and drinks...

The window of the jail cell is tiny and you can't see the sky.

You like planes that much?

I wanted to make a program to show the head-up display of a fighter pilot,

so I calculated the wings and tail of an F15 to make a flight simulator.

I called it "NekoFlight."

NekoFlight? How cute!

Want to see?

I have no computer!

You're in good spirits.

It's good to be out of jail.

Stop saying jail.

How should we argue the part about "aiding and abetting a crime"?

What do you think, Mr. Akita?

"Aiding and abetting" are just words.

Just words?

The issue is why they arrested Mr. Kaneko.

Unless we understand their hidden agenda,

we'll end up playing into the hands of the prosecutors.

Their hidden agenda?

Don't you think the arrest was made rather hastily?

True.

- Not allowed? - Oh, it's fine.

- An ashtray. - Yes.

But even if we find out their hidden agenda, what then?

Impatience can be fatal.

We wait until they give themselves away.

"The University of Tokyo"

Here.

"Notice of Resignation"

I'm so sorry...

for not being able to help you.

I enjoyed working here.

"Sister"

Here. I've collected similar cases from abroad.

Thought it might help.

"Two months later"

Sorry I'm late.

Mr. Kaneko. Take a seat.

Excuse me.

What's up with that camera?

I found it in my apartment. My sister gave it to me long ago.

Nice, huh? I've been taking photos of sunsets lately.

Is that so...

I look at the clouds and calculate where the sun will shine.

It's actually quite profound.

Look.

- Wow, looks like fun. - Yes.

They're so beautiful.

The light humans can see is called visible light,

and it's only one type of electromagnetic waves the sun emits...

How can he be so carefree when he's been forced to resign?

Well, it's fine, isn't it? At least it's healthy.

- You think so? - Yes.

I don't know how to eat grilled saury.

Huh? What do you mean?

I don't like foods that are difficult to eat.

- What? - My three principles of food.

1 - not hot, 2 - not spicy, 3 - not difficult to eat.

Your future wife will have a hard time.

You think so?

She can stick to stewed beef & potato or curry, that's easy.

Men eat bones and all!

Oh. Wow.

Mr. Kaneko.

We have a tough road ahead.

I intend...

to use the next 5 years of my life for you.

I hope you will use the rest of your life for the future engineers

in Japan.

The Winny trial is about to begin...

The defendants are here!

Mr. Kaneko is here!

Mr. Kaneko, how do you feel? Tell us how you feel!

Give us a comment! Comment, please!

- Good morning. - Good morning.

Is that prosecutor Isaka?

The prosecutor is attending the trial.

They don't usually come, so they must really want the conviction.

All rise.

The court is now in session.

Defendant, please take the stand.

What is your name?

Isamu Kaneko.

We are going to hear your case

regarding aiding and abetting others in Copyright Law violations.

The prosecutor will read out the charges.

Please listen.

The charged facts.

The defendant created a file-sharing program Winny,

with send and receive functions. The program was improved continuously,

and made available on the Winny website.

Are there any errors in the charged facts as read by the prosecutor?

I'm Akita, the chief defense counsel.

The intent of punishment is unclear.

Is Winny in itself illegal? We call for clarification.

There's no need for clarification.

If the act of development is deemed illegal, it's unprecedented worldwide.

Also, there is no mention of the relevant statutes.

There's no need for clarification.

A software developer has been arrested,

and the world is watching to see if his act of development is deemed illegal.

The prosecutor's attitude of not clarifying this is rather questionable.

Again, we call for clarification.

If this is not clarified, programmers will lose confidence,

and software development will come to a standstill.

It is as stated on the clarification form dated today.

No further clarification is offered so the court will proceed.

What is the defendant's opinion on the charged facts?

The development and release of Winny was a technological experiment.

It was not my intention to assist copyright infringement.

I developed Winny because I thought it was good for Japan.

I did not do it to cause trouble to society.

I am innocent.

Isamu Kaneko.

The prosecutors were incredibly evasive.

The scope of "aid and abet" is difficult to define, but still...

Actually, maybe they just don't know any better.

But they are the High-Tech Crime Task Force, after all.

That's why. If they're exposed as idiots, they can't save face.

What do you think?

As I recall, police computers were infected with a virus before his arrest.

Yes. There was a Winny user among the officers

and the police network was hacked though that computer.

The details haven't been released yet.

There were 2 months between the leak and Mr. Kaneko's arrest.

What were the police doing during that time?

Were they trying to hide something?

Welcome.

Please take your time.

"Use of Winny Prohibited"

Regarding the slush fund scandal exposed by a former police officer,

Ehime Police said "fake receipts were used in paying informants"

"but this was an administrative error."

"The fund was used appropriately..."

I read a similar article in the paper.

What did you think?

I think it's wrong.

But I really don't know what to do.

I'm doing it, too.

Why do you stay in the force, Mr. Semba?

Yamamoto.

Quitting is easy.

"Ehime Police Denies Slush Fund Allegations"

So there are people within the police force

who want to reveal the truth.

I wonder how that officer is doing?

It must be scary.

They're fighting something big all by themselves.

I hope they won't be sanctioned.

Protruding stakes get hammered down.

Have you hammered down a stake?

Huh? You mean a real stake?

My parents run a mandarin farm.

They hammer down stakes every year to build fences against deer.

You can't hammer down a stake alone.

Someone hammers it,

someone holds it,

someone gives instructions...

You need to work in a group

to drive in a stake.

Mr. Hayashi, do you have the list of the investigators' names and photos?

Yeah, hold on.

- Could you come over here? - Sure.

- Fumiya Kitamura. - Kitamura...

- Kenichi Hatanaka. - Hatanaka...

- Naoki Tabata. - Tabata...

Who's the leader who ordered the investigation?

Yep.

- The leader, huh? - Right.

I'm showing the witness the signature on Exhibit 109.

You checked the computers seized from the defendant's house and

compiled a detailed report on the videos and images on them.

Yes.

How exactly did you check them?

I extracted what I suspected were downloaded via Winny.

What data did you find there?

An X-rated game called "Butt Princess."

Is the investigation policy set collectively in a meeting?

It is decided by the investigators involved.

Did someone lead the discussions?

All the team members voice their opinions to decide on the direction.

That means someone had the authority to make decisions, right?

Objection, Your Honour. This is irrelevant.

If this is deemed irrelevant, we can't ask about the investigation.

No more questions about the investigation.

They didn't answer anything.

- Welcome back. - Hi.

What's strange about this case to begin with

is that the police are the plaintiffs.

Copyright infringement is usually a damage suit

based on criminal complaint.

It's an offense by the authorities.

This kind of tyranny mustn't be allowed to continue!

Just like George Orwell's "1984".

"1984"?

Sakurai, "1984" is...

a novel about a surveillance society...

OK, let's debrief today's proceedings.

Don't take away my freedom of speech!

No talking, Mr. Katsura.

"Iyono Shimbun Newspaper"

Mr. Matsuyama, the police report is bullshit.

Please investigate properly.

We just published the police announcement.

"Police Deny Receipt Forgery"

And we never said it was correct.

Isn't it your job to check if it's true?

Mr. Semba... Please understand.

Mr. Kitamura, you're an officer with the Kyoto Police.

Yes.

Please tell us how you came to arrest Winny users.

People in copyright organizations told us

that they were troubled by movies and music being shared online,

so we had to do something about it.

Did someone give you specific instructions during the investigation on Nov. 27th?

Officer Tabata, the squad leader.

So Assistant Inspector Tabata gave orders on the investigative methods?

The investigative methods were left entirely up to me.

Left up to you?

Are you saying you decided the methods and direction of this investigation?

That is correct.

Changing the subject,

you thought at the time Mr. Kaneko couldn't be the suspect, right?

My understanding was that Mr. Kaneko created Winny

and that those who used it were at fault.

Then, why did you visit his house, not of those who illegally uploaded files?

To check if there's a send and receive functions.

And I was going to ask him to shut down the website.

But if that was your intent, why actually go there?

As I said, I went there myself to ask him directly to shut down the website.

- Then during the interview... - That's enough.

Just answer the question.

This is what you said at the time.

The defendant was originally a witness,

and when he asked you during the search,

you told him he was a witness, not a suspect,

and that it was an interview, not an interrogation.

Of course.

But he later became a suspect.

Yes.

Why? Did you decide in a meeting or something?

No.

We were going to ask him about Winny's functions and system,

but during the interview

he said he wanted to proliferate piracy

to change the current copyright system

so I wondered what I should do.

Mr. Kaneko and his team should arrive...

Here they are!

Did you intend to revolutionize the web by proliferating piracy?

Was Winny created for the purpose of copyright infringement?

Officer Kitamura lied.

Why would he do something idiotic like develop software to spread piracy?

But illegal file-sharing runs rampant because of Winny!

We can't answer any questions. Make way.

Why didn't you stop Kitamura?

Well... I...

- You were like a layman in there. - Ease up on him.

I'm sorry.

Just when we identified Kitamura as the leader!

Mr. Hayashi.

Find the key point and ruminate on it until it becomes a part of you.

Examination is a live performance.

Practice makes perfect.

You're absolutely right.

For example, what's the goal of romance?

Is it to tell the person how you feel?

That's a part of it, I think.

Then change that mindset.

The goal is to make that person love you.

For that, just telling them how you feel is not enough.

I see. So I have to make that person say, "I love you."

Same with cross-examination.

You must make the person who is lying say, "I lied."

But how...

"Statement"

Contrary to our original plan, the next examination will be the most important.

So I'd like to ask Mr. Akita to handle it.

OK, fine.

You know what, though...

Did Mr. Kaneko really write this by himself?

Do people usually use the word "proliferate"?

Proliferate?

The media keeps using it in their reports.

They seem to like this word a lot.

Enjoy your stay.

What did the police say when they questioned you?

They told me to write a pledge that I'd stop developing Winny,

so I said OK,

and Mr. Kitamura brought a sample and told me to copy it.

A sample?

I copied down what he wrote. Oh, but...

When I got to the part that said, "I was clearly aware that people

would use it to violate copyright laws,"

I said I had a problem with it, but he assured me I could correct it later.

I thought that's how these things worked.

What? Kitamura forced you to write it?

Yes.

Why didn't you tell us until now?

I'm sorry.

Give us a break, Mr. Kaneko.

By the way,

you used the wrong kanji character when you wrote "proliferate."

Did you copy this, too?

I don't usually use that word, so I made a mistake.

You're a genius programmer but you don't know kanji?

What can I say?

But after that, when Mr. Isaka interrogated me,

I thought it was useless to say anything, so I kept silent.

- You decided not to say anything? - Yes.

Oh, and this is a written statement, not a pledge.

What? It's not a pledge?

He made you write a statement while telling you it's a pledge.

Hmm... I see...

Leg's begin your cross-examination.

Akita, the chief defense counsel, will question.

On Nov. 27th, you launched multiple raids related to this case.

Yes.

And you took command of the raid on Mr. Kaneko's home, correct?

- That is correct. - If that's so,

you did do research beforehand

on Mr. Kaneko and what problems would arise for program developers

under copyright law, didn't you?

I personally didn't, but others would have.

You personally didn't do research?

Not particularly.

He was the subject of your investigation but he didn't interest you.

I guess I was preoccupied with the other arrests.

Let me ask about the written statement.

Did Mr. Kaneko write this voluntarily?

No, not really.

How was it, then?

He asked me if I had any samples, because he doesn't often write.

But there was no sample.

So I wrote a sample for him.

Do you still have that sample?

We've probably discarded it.

According to Mr. Kaneko's testimony, this was called a pledge.

Yes, I think that was what he called it.

And you changed the word to "Statement"?

Yes.

Are you sure this is from that time?

Yes, I'm sure.

This format looks just like a confession statement.

- Maybe so. - Objection.

Their Exhibits have been presented already.

This is about verification. I don't think the prosecutor has anything to worry about.

Then please ask as simply and concisely as possible.

In the middle of the first page it says, "proliferate... on the web." See it?

Yes.

Did Mr. Kaneko use this expression?

I think he did.

Do you think the word "proliferate" is an unusual expression?

No, I don't.

In your previous testimony,

you said you remembered Mr. Kaneko using the word "proliferate." When was it?

During the interview. I was there for about 10 minutes to assess his intent.

You've seen his comments on 2chan, right?

Yes.

Did he ever once use the word "proliferate"?

Not that I recall.

- You don't recall. - That's right.

You said earlier that you were in touch with a copyright organization.

Huh? Yes.

On November 4th, 2003...

at Gojo Police in Kyoto,

a statement by someone from the Copyright Association was made. Right?

I remember.

Plaintiff's Exhibit 11.

On page 6,

it says, "the proliferation of piracy."

- Yes, it does. - It does.

Next, Plaintiff's Exhibit 49.

This is page 6

of the statement made on Nov. 11th, 2003. Here...

it says, "the situation of the proliferation of piracy."

Yes, it does.

Doesn't that indicate

that you'd heard that expression, "proliferation of piracy"

before the raid on November 27th?

No...

I... I'd never heard of it.

I knew nothing about those statements or the interviews

until now.

I think that's enough.

- This was the first time! - Move on...

to the next question.

OK then, next question.

That's amazing, Mr. Akita!

How did you make Kitamura admit he made it up?

- Want to know? - I do!

"Proliferate" wasn't a part of Mr. Kaneko's vocabulary.

Meaning Kitamura might have pulled the word from police reports

or records of statements by the Copyright Association.

The word "proliferate" had been proliferating in the force.

How did you notice that?

So I pointed that out

and said, "Mr. Kaneko never used it, so wasn't it used in the force?"

Kitamura said no.

Defensive people lie. He fell right into the trap.

So you corner them into inadvertently lying.

Right. Make them lie on purpose and pin them down,

then hit them with the inconsistency.

That's the basic technique of cross-examination.

You nailed it, big guy!

By the way, Mr. Kaneko,

what is Winny to you?

Winny is my way of expression.

I see. Expression, huh?

Yes. I don't know how to speak in a language other than programming.

Well then, Mr. Kaneko, give us a few words in closing.

If I'm found guilty, it'll cause trouble for a lot of programmers,

so I decided to fight.

I just want the world to be a better place,

so if convicting me will improve it, then make it your top priority.

Please feel free to convict me.

No way!

We're all here to prove your innocence.

"Ehime Lawyers Association"

99% of investigation expenses have

gone into the slush fund,

using fake receipts written by police officers.

Many unjust accusations have also been made to make money for the fund.

Unless we eradicate the slush fund,

we will continue losing the trust of the people.

We can't keep going like this.

Mr. Semba.

Can you say this at a press conference?

All right.

I didn't expect you to agree so easily.

Someday, I knew I had to speak out.

Thank you very much.

We'll do our best to support you. Thank you.

Understood.

All police officers except myself

are involved with the slush fund.

Only I can do this.

How about a press conference on the 20th?

To avoid possible interference,

we'll notify the media the day before without your name and the topic.

Stay at a hotel the day before, not at home.

- Understood. - Please be very careful.

Don't let the police find out. Beware of wiretaps.

OK.

From a file-sharing software Winny,

Kyoto Police investigation information has been leaked.

It was reported to the police that

police files have been posted online. Their investigation has found that

a dozen investigation reports and

wanted notices have been leaked.

The leaked information...

Some news articles are blaming Winny for the leak, but

that's a complete misunderstanding.

The problem is the virus that came through via Winny.

That's not directly related to the trial.

I wouldn't be so sure. It creates a bad image about Winny.

The virus was the cause but

the point of contention has shifted as if Winny was the cause.

That's right.

- As if making Mr. Kaneko a criminal. - Err.

Can I ask you something?

Would you let me fix the program?

That's not possible.

Winny has a vulnerability.

If I can change 2 lines of the code, I can stop the leak.

I created Winny to make Japan a better place.

I can't stand causing any more trouble...

I'm really sorry.

You can't do that for now.

Only 2 lines. I only need 5 minutes.

If you are arrested now,

all the people who believe in you and are supporting you

will be devastated.

Please be patient until the trial is over.

"Kyoto Police information leaks from Winny"

Winny is

a P2P technology, which means there are no central servers.

It is utilised in various fields.

Mr. Katsura.

- Hmm? - Are you listening?

I'm sorry, I can't take in any more.

I'm at my limit. I'm going home.

I think it's a lot easier to understand now.

Some problems lie with the audience, too.

Let me say this again. Many judges are my age.

They know nothing about the Internet. They are very analogue.

It has to be something that would make me jump to my feet.

Anyway, I'm off.

- Good work everyone. - Good night.

"Police Sergeant Toshiro Semba"

Ehime Police Headquarters Community Affairs Division

Police Sergeant Toshiro Semba. 55 years old.

During the 38 years in the police force, I saw, heard,

and experienced many things.

I will tell you the truth today.

Investigation expense payments are

all fictitious.

No payment has ever been made to those who helped the police.

Let me tell you one thing first.

Young people become police officers with a strong sense of justice.

These people are made to take part in making slush funds.

Their conscience as police officers is being gnawed away.

I...

I have been faced with this reality.

I couldn't remain silent any longer.

They are working very hard in the field.

They are young.

Young police officers.

In the cold.

Day and night. They are working hard.

There are

many young officers in the field.

I'll say this again.

Officers in the field are excellent police officers.

For those people who join the police force with high aspirations,

the pus needs to be drained out. We need to make a fresh start.

A working Police Sergeant Semba of Ehime police made an accusation

that the police has been making a slush fund within the organization.

The National Police Agency has informed the Ehime Police...

Winny had a hand in this police data breach.

This is not someone else's problem.

What will happen to Mr. Semba? He's gone to all the trouble to speak out.

The only way to prove it may be to show them a receipt being written.

Bring a police officer to court and get him to write one?

As if.

That's it!

What?

- Dan? - Mr. Dan?

This is a fighting game "NekoFight". Gravity is calculated realistically.

It looks too simple for a human.

The aim is to enjoy the movement.

This is equipped with artificial intelligence

to calculate the movement realistically.

So if you remove the gravity, they float away.

- You can't fight like that. - That's right.

This one is "NekoFlight", a flight simulator.

Of course this is also equipped with artificial intelligence.

You can use the fighter booster to reach the outer atmosphere.

The earth looks spectacular from space.

Because this is calculated realistically...

- This is it. - What?

It's impossible to explain his intention of development in words.

So let the one thing

that showcases his way of life speak for him.

His programming! Let's get him to demonstrate it in court.

This is great.

defense counsel Dan has some questions.

You started programming when you were at elementary school, right?

Yes, I used to play with microcomputers at electronic shops when I was a child.

I read programming books at bookstores, memorised codes, went back to

electronic stores, and made new games.

Sometimes stores asked me to let them use my new games.

Have you created something outside your university work?

I made some free software outside my university specialty.

Any typical ones?

There is one called "NekoFight".

What is it?

It's a fighting game based on physics calculation.

It calculates people's movement in real time.

Can we see the game?

Yes, I have it here.

- Can we see it in action? - Sure.

You can get them to fight like this.

"NekoFight" is equipped with AI.

AI is simply a 3-layer neural network.

Learning algorithm is my original ED method.

I thought back-propagation wasn't probable in neurology.

So I developed my original ED method.

It learns very fast and if you add an intermediate layer,

the performance can be improved infinitely.

- Mr. Kaneko. - I think,

actual human brains may be

like this learning algorithm. Of course I can't prove it.

Mr. Kaneko.

Please just answer my questions.

Let me show you the source code next.

Please keep to the subject.

Sorry, one moment, I have a new idea.

Oh, um...

Ordinary programmers may need 3 years to make a program.

He can do it in 2 weeks.

He has a once-in-a decade outstanding talent.

That's why he is like this.

But his skill is

simply in a quest for technology.

He is not interested in changing the social order.

I trust you can see that.

Mr. Kaneko, are you done?

- What? - Can I ask you a question?

Yes, please.

Well then.

This expression, "secret manoeuvre", shouldn't be used here.

It has negative connotations.

Sorry, my common sense is poor.

Without proper understanding, some things can never be undone.

That's how I feel now.

It's no laughing matter.

I don't have much common sense.

I was always reading space magazines since I was a child.

I was always looking at the sky, bumping into things.

Your love for the universe made who you are now.

The universe is so infinite.

It's beyond the scope of individuals.

Humans may never fully understand it.

But in the computer universe,

I thought I may be able to touch most of it by myself.

I was at elementary school.

I am still halfway through my dream.

Mr. Kaneko, let's do it.

Do what?

A business that lets you touch the universe.

That's grand but I doubt if it will be profitable.

I'll take care of the money.

You can develop whatever you want.

That would be great but...

You can do it, I'm sure.

Where does that confidence come from?

From space, perhaps.

"Police denies slush fund" "Semba's accusation is out of grudge"

What's this?

"Investigation expenses cash receipt list"

"Receipts"

Chief editor.

Ehime Police's investigation documents have been posted on Winny,

including names of people who supposedly helped the investigation and received money.

The one the police totally denied?

We may be able to prove the slush fund Semba spoke about is true.

Mr. Kaneko, have a seat here.

Then Mr. Katsura, you, and Ms. Sakurai.

I want you to explain everything, simply, to these 3 people.

Please assume a judge doesn't know any more than a lay person.

Let's start.

What is P2P that is used in Winny?

The term opposite to P2P is the client-server method.

Client servers access network...

No, no, no. It has to be much simpler than that.

I never thought Dan would say that.

Me, neither.

Can you read this aloud, please?

Yes.

Let's start again.

What is P2P that is used in Winny?

It's an abbreviation for peer-to-peer.

Peer means an equal position.

Then what is P2P used in Winny?

It's an abbreviation for peer-to-peer.

Peer means an equal position.

PCs on an equal footing communicate with each other in the network.

It's a paper written in 1999

by Ian Clarke about Freenet.

Freenet was developed to counter the suppression of speech.

It's an anonymous publishing system.

What did you think of this paper?

I thought it was very innovative and revolutionary.

What did you think was innovative?

Freenet is about anonymity.

That claim was very new, I thought.

What did you think was groundbreaking?

Newspaper publishers... about... Information and the providers...

Well, about the providers of information...

Be more confident. Take your time.

What did you think was new?

In particular, news agencies know

who provided the information.

But they do not disclose it, therefore anonymity is maintained.

But in reality, the news agency knows the person who provided the information.

Freenet claimed anonymity could be achieved technologically.

I thought this claim was groundbreaking.

In short, what you mean by anonymity is the protection of news sources.

It guarantees the freedom of speech, thought and expression.

Is that what you mean?

That's right.

Did you say to Officer Kitamura during the police interview

about proliferating copyright infringement

to change the copyright framework on the Internet?

Absolutely not.

Then why is such a statement included in the police interrogation record?

That's because Officer Kitamura wrote it.

Here is a copy of the last trial record.

- Thank you. - Here you are.

Have a look here.

The evidence of the slush fund that Mr. Semba disclosed is being circulated.

"Winny reveals - Ehime Police's alleged slush fund"

This is not directly related to the trial but

I'm deeply moved.

Could this be the intention behind the arrest?

Lizard's tail.

Lizard?

Lizard?

No matter how hard you chase the tail, the main body will never show itself.

Truth always remains in the bushes.

In any case, Winny contributed in Mr. Semba's whistleblowing, right?

Yes, you can say that.

Hello, you've reached answering service.

Please leave your message after the tone.

Hello, it's Isamu.

It's been a long time, sis.

I'm sorry for all the trouble I caused you.

Don't worry, I'm fine.

Yeah, actually...

No, I'm sorry.

I will call again when the trial is over, I promise.

I'll be fine.

See you later.

The surest way to prevent information leaks is...

not to use Winny on your computer.

Mr. Dan, did you know many US fighter jets have an F in their name?

Like F15 and F22, there are many as you say.

I was sure the next one would be F35 so I added it in the flight simulator.

It doesn't look like the real one, but it's amazing I predicted it back then?

Indeed.

Speaking of airplanes, when airplanes take off from an airport,

they turn like this and climb.

When the angle is too sharp do you get scared it may stall?

I would want it even more.

It's scary it might crash.

You'd be happy to die on the plane.

No, no, no.

Please get back.

Evidence of Ehime Prefectural Police's slush fund leaked through Winny.

I have nothing to say right now.

Hello?

Semba?

Yes, who is this?

Why did you hold a press conference? I will never forgive you.

Do you mean

you won't forgive me for exposing the crime by the police, or

you won't forgive the police for their crime?

Which is it?

Remember what I said.

When you were developing Winny,

did you feel freedom of speech

was being threatened or suppressed in Japan?

Yes, I was always conscious of it.

In what way, exactly?

A lot of information in the world could be restricted

when it is made public.

Also, the sender of the information

could be attacked.

I wanted technologies to ensure anonymity to prevent such situations.

What do you mean by information that can be restricted when it is published?

It can be accusations or publications.

Maybe a situation when publishing may result in being attacked.

When a publication is released anonymously, everything applies.

Defendant, please step forward.

This is the end of the hearing of this case.

If you want to add a final comment, you can do so now.

Yes.

I was born and grew up in the 1970s when

science and technology were something wonderful.

I still believe they are.

I have created many programs and published them.

Creating and presenting new technologies

is my way of expressing myself as an engineer.

This is also my way of contributing to society.

If I created Winny 10 years ago, I couldn't verify it.

If I created Winny in 10 years from now, it'd be seen as a mundane technology.

Did I create Winny too early,

or too late?

I have been wondering that lately.

A lot have been said about Winny.

All these problems are solvable technically.

I am convinced Winny will be appreciated in the long term.

Today, I brought Winny here to counter all the things that have been said.

But now I can't even release this to the public.

Since I was forced to suspend development of Winny,

it's been more than two and a half years.

In the meantime, many new technologies have emerged in the world.

I have many new ideas, too.

However, I am not able to

turn my ideas into reality.

I find this most regrettable.

"The U.S. video-sharing site YouTube leads the world!"

Finally, today is the day of judgment.

Mr. Kaneko has arrived.

Please rise.

The court is in session.

Defendant, please stand in the witness box.

I am going to sentence you

on case number 2004-Wa-No.726,

aiding and abetting the violation

of copyright laws.

The main text of the judgement.

The defendant is punished by a fine of 1.5 million yen.

I now state the reasons.

Facts constituting the offense.

The defendant created Winny, a file-sharing software,

with send and receive functions.

The defendant kept improving the program

and continued publishing and distributing it

on the WINNY and WINNY 2 websites,

both of which were set up by the defendant.

First, Kyohei Minami did, without reasons for statutory exclusion

and without the permission of the copyright holder...

using a personal computer connected to a hard disk,

which contains information on each of the 25 game software titles,

activated Winny.

An unspecified number of Internet users accessed the computer...

"Winny developer found guilty"

"Self-righteous and irresponsible"

You've come far enough. Thank you for seeing me off.

We haven't lost yet. Let's do our best next time.

I am really sorry.

In Japan,

once you are convicted, it's difficult to restore your honour

even if you are acquitted next time.

Besides, continuing with the trial means

depriving you of the precious time

as a developer.

When I think about it...

There's a lot more to come. Let's fly like this!

Look!

"Seven years later"

"Isamu Kaneko Funeral"

Mr. Dan.

Thank you very much for coming today.

I'm sure my brother is pleased.

I've done nothing...

My brother was happy to have met you.

He talked about you all the time before he passed away.

Mr. Dan.

Would you have this?

My brother collapsed while wearing these glasses.

I heard he called for an ambulance himself.

But he was found unconscious.

These glasses represent his way of life, I think.

My brother never gave up until the end.

"It took seven years for Isamu Kaneko to be acquitted by the Supreme Court."

"He died of an acute myocardial infarction at 42,

one year and seven months after his acquittal."

"He fought for future developers,

but it was only six months that he, himself,

was able to spend as a developer again."

"Isamu Kaneko's programs are still running somewhere today."

"Not guilty"

Masahiro Higashide

Takahiro Miura

Hidetaka Yoshioka

Regarding the case of aiding and abetting copyright infringement,

I was found not guilty today.

For many engineers who are hesitant to develop,

I have been litigating this case.

I am grateful that my attitude towards development has been

properly recognized in this decision.

There are still many problems with the internet.

I will do my best to solve these problems, even if it is only in a small role.

I would like to take this opportunity to ask you not to misuse Winny,

ask many of you again to help us realize a better IT society.

Could you tell us what you think about

the responsibility of destroying this industry?

Well... I...

What should I say... I think they blamed me

because they thought blaming someone else would settle the matter.

That's one way of doing things, but it doesn't help us move forward.

I think everyone should think of what is the best thing to do right now,

and act constructively.

I don't think blaming somebody settles the problem.

No one develops a product thinking of abusing it.

But if you think you'll get caught if someone abuses your development,

no one will take up the challenge.

This is what is happening in Japan at the moment.

I think the ruling is significant in the sense that

it sets a standard for what would get you caught.

I really caused a lot of trouble for many people.

There are various rules, such as a restraining order,

and I couldn't talk to these person due to the possibility of hiding evidence.

They issued a restraining order against the people I was closest to.

It's been about 2 years. For example, my sister was forbidden to talk.

It was kind of painful for me as such.

Basically, I don't like to bother or influence people too much.

I also don't like to stand out.

I guess, but at the same time, I like to try something new.

My lawyers used to say about me that

if I had a mountain to climb, I’d want to climb it, and so I did.

If you ask me why I made it, well, I'm a software maker.

I just thought of something new and interesting, so I made it.

Please give a message to the viewers.

Good luck young people for the future of Japan. Do your best.

I have tried not to cause you any trouble.

Anyway, you'll no longer be caught just for making software.

So, feel free to create your own software, and good luck to the young people.

That's all.

Thank you.

©2023 "Winny" Film Partners

English Subtitles by Mia Isozaki, Chieko Mino Kehoe and Aoi Hayashi