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Copyright Liability of "ROKURAKU II" Video-Deck Rental Service to Broadcasting Organizations
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-- Decided by IP High Court upon Remand by Supreme Court
After quashing High Court decision of No Liability
In NHK et al. v. KK Nihon Digital Kaden -- |
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By Teruo Doi (Regular Contributor & Editorial Advisor)
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Table of Contents |
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Introduction
I. Reviewing Litigation by Broadcasting Organizations against Provider
of "ROKURAKU II" Video-Deck Rental Service before reaching the Supreme Court
II. Supreme Court,1st Petty Bench, quashed IP High Court decision in NHK et al. v. KK Nihon Digital Kaden, and remanded the Case to IP High Court
III. .IP High Court's Second Appellate Decision in NHK et al. v. KK Nihon Digital Kaden rendered upon Remand by the Supreme Court
Conclusion
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Introduction
What really made the headline news carried by the Sankei Shimbun of January
21, 2011,(see, a clipping shown at page 10 June 2012 issue of Patents & Licensing) is the Supreme Court,1st Petty Bench, decision in NHK et al. v. KK Nihon Digital Kaden. The headline of this news report stated:
Service of transmitting Video-Recorded Programs "Legal":
Decision of Second Instance Court is quashed by Supreme Court
The Supreme Court, 3rd Petty Bench, decision in NHK et al. v. KK Nagano Shoten, of January 18, 2011, is mentioned in this news report very briefly (See, the clipping at page 10 of Patents & Licensing, June 2012 issue). In this case, the Supreme Court held that the provider of "Maneki-TV" service, Jokoku appellee, was infringing the broadcasting organizations' right to make available
for transmission of their broadcasts and their right of public transmission
of broadcast programs (Copyright Act Article 99- 2 and Article 23 (1)).
Upon remand, the IP High Court rendered its second appellate decision on
January 31, 2012,in conformity with the decision of the Supreme Court,
3rd Petty Bench, briefly mentioned in the headline news above.
In succession, this article will take up the principal case in the above-headlined news report, and discuss the copyright liability of KK Nihon Digital Kaden, the provider of "ROKURAKU II Video-Deck Rental Service", under the relevant provisions of the Copyright Act, in the light of the Supreme Court, 1st Petty Bench, decision that quashed the IP High Court decision of no-liability for infringement, and the IP High Court decision rendered on remand by the Supreme Court.
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I. Reviewing Litigation by Broadcasting Organizations against Provider
of "ROKURAKU II" Video-Deck Rental Service before reaching the
Supreme Court
It was in March 2005, that KK Nihon Digital Kaden, in Hamamatsu City, Shizuoka Prefecture, commenced a new business called "ROKURAKU II Video-Deck Rental" service to provide domestic TV programs to customers traveling overseas or residing abroad by way of renting each customer a set of "ROKURAKU II" video-recording equipment having Internet connections.
Each ROKURAKU II set consists of a Master video-recorder called "Oya-ki" (meaning "parent" equipment) and an Auxiliary equipment called "Ko-ki" (meaning "child" equipment)for viewing, provided that the latter can be sold to the customer instead of renting.
A customer located overseas, by operating his Auxiliary equipment, may
select domestic TV programs in advance and have such programs be recorded
in the Master equipment kept in Japan, and then to have the recorded audiovisual
data be automatically transmitted, via the Internet, to the Auxiliary equipment,
and thereby he is able to enjoy the audiovisual content of the TV programs
at any time during his stay abroad. [See, Exhibit A and Exhibit B.]
<Continued in August 2012 issue - upon Subscriptions please indicate
"Wish to start from Aug. 2012 issue">
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