Video game bar managers arrested for alleged copyright violations

Nintendo are really bad for this. I can understand the new stuff being pulled, but the older stuff... surely they could let us play it if we wanted to.

I find this very confusing, We can rent a CDs, we can rent Manga, and we can rent DVDs.

So I wonder why the game company that initiated this case couldn't come to an agreement with the owner.Especially if the games were retro and basically, out of production.

I could understand if they were playing the latest call of duty game but it just seems extremely petty.

My guess is maybe it was Nintendo that initiated this as they are one of the worst companies to do this. Especially on youtube.

Maybe they could get around this by "selling the second hand game" to the customer, say for a couple of hundred yen, (as they do already) and then getting the customer to "SELL" it back to the shop, for say 50 yen, when they don't want to play it again.

So how do you get this permission to operate a video game rental establishment ?

Viking68:

I am aware of the US and many other countries treating this as a criminal rather than a civil matter (police and jail vs lawyer and lawsuit). Just doesn't make it right, IMHO.

I have a friend who owns a game bar in Osaka, but he doesn't charge people to play the games. He just sells them drinks. I wonder what the law says about that?

If it's a profitable model, these bars should negotiate a deal with the video game manufacturers/rights holders in the same way the various DVD rental joints allow people to rent audio cd's (with the labels getting their cut).

@Viking - The license owners obviously sold the game for commercial use and charged a higher price.

Nope! Wrong again! Games like space invaders and other console games are not ‘bought’ by pubs and clubs. They are leased and part of the leasing fee is paid to those who hold the copyright on the games themselves. This holds true for all gaming machines including slots and pinball machines. This is where these jokers fell fowl. If they had simply charged an hourly visiting fee instead of charging people to play each game they would not have broken the law. They just got greedy and stupid. It’s like watching a DVD in a bar. As long as people are not paying to watch it there is no ‘real’ problem. The main reason people get penalized for copyright infringement is because they start making money from other people’s success.

Strangerland:

Can the owners of an arcade be charged with copyright violations for letting customers (whether paying or not) play Space Invaders, etc? Both are video games, one is just larger (in original form).

The license owners obviously sold the game for commercial use and charged a higher price.

It was clearly a violation of the license.

Why was this a criminal arrest? Just curious. The U.S. has criminal penalties that can be charged if the violation is bad enough.

Can the owners of an arcade be charged with copyright violations for letting customers (whether paying or not) play Space Invaders, etc? Both are video games, one is just larger (in original form).

There is a difference in licensing. When the makers sell arcade machines they license the purchaser (and subsequent purchasers) to allow the public to play them for money. With console games, the license is just for non-commercial home use.

MiaTanaka:

I urge you to read the "Cyber War Aurelia" and "Cyber War end is near" books that talk about this craziness. If I buy a book, I am allowed to let another read it, whether I want to charge or not. Games and movies are just another medium. Dial-a-lobbyist...

Strangerland:

Can the owners of an arcade be charged with copyright violations for letting customers (whether paying or not) play Space Invaders, etc? Both are video games, one is just larger (in original form).

Commanteer:

I encourage you to read "Cyber War Aurelia" and "Cyber War end is near" (Amazon) as it talks about corporate lobbying bringing about crazy laws like this.

How does alleged copyright violation warrant police arrests? This should be handled by lawsuits and lawyers, not police and jails.

Another case of IP laws being out of control and damaging to the economy, creativity and development. Even at the very worst, trademark and copyright violations are civil matters, not criminal. Large corporations have paid off politicians to make laws so that the police and courts we pay for (with our taxes) can be used to protect their profits.

Outside Japan once you own an item you can do whatever you like with it, it yours.

Not true. You may own a copy of the content, but not the content itself. Copyright law is pretty much the same elsewhere.

Sakurasaki. That is definely not the case, copyright laws exist almost everywhere.

This is just the tip of the mountain when it comes to copyright violations.

Exactly! Let's hope we see some consistency after this precedent.

@ MiaTanaka

Thing is, outside of Japan, USA, UK (USA jr), no one really cares.

Wow. Really...? UK (USA jr) ? You need to show a little more respect. Could you be any more insulting...?

Maybe you would like to take time out from what I'm sure is your very busy day spent putting the world to rights to qualify that remark...?

In that case, it's a clear violation.

Wait, were these bar owners charging people a fee to play these games?

Yes, they had a time system. 1 hour is 1000 yen, 3 hours is 2000 yen etc.

It's possible that they were charging them to play the games, but it's more likely they just had the consoles in the bar, and were letting customers play them. Seeing as the game then becomes a key point in the money flow, by drawing customers and keeping them, it now violates the commercial use copyrights on the game. Or at least, that is what the argument will probably be in court, still yet to be decided.

Disclaimer: Pure speculation. I don't know any of the specifics of the case beyond what's reported in this article.

Only in Japan a place were shy people are getting connected in a physical way, thru the most popular hobby in Japan, doing several social favors and work for this country, using all original Software and Hardware gets shut down by the goverment protectionism / subsidize / corporate confort zone .... shame on you NINTENDO and Japan !!!!! They're trying to make a better place, it was Gunpei's Yokoi (GameBoy, Game watch creator) dream for this Country. When working on a NPO sometimes i did used a GameBoy with simple games as a sleepping therapy with ours patients it was a success, on daytime vintage video games to put a kid smile on they faces, another success, in Japan most have a related good / happy memory with it.

The bar run by the Nishio brothers is believed to have had monthly sales of 1.5 million yen, they said.

Wait, were these bar owners charging people a fee to play these games? It wasn't quite clear. Because they mentioned "the bar" made that money. If they were charging people to play these games......then that's illegal!

I thought the main issue was that they rented the games, installed them, and then allowed customers to play them.

“The three are suspected of renting video game software and allowing customers to play them in April without obtaining the permission of game makers Nintendo Co and Capcom Co, Kyoto police said.”

Did I miss something? Maybe, we don’t have enough information.

Nintendo just don't get it... I understand people ripping them off, but this isn't that... just allow these guys to pay 10% of all earning to the makers just like karaoke does.

@Do the hustle

Wow! That shows how little you know. You cannot buy a video game or DVD, rent it out or play it publicly without the consent of the maker. Have you ever read the warning at the start of a DVD or video game? I’m pretty sure you haven’t.

Thing is, outside of Japan, USA, UK (USA jr), no one really cares.

At least not in Northern Europe, Italy, Eastern Europe and most of Asia. (Japan being the "main" exception).

Outside Japan once you own an item you can do whatever you like with it, it yours.

Unfortunately, this is not the case. Every major country has signed up to the Berne Convention which harmonizes copyright restrictions on public performances, rentals etc. If you look carefully, you'll see that the law in Japan and every other industrialised country is nearly identical on this issue.

@sakurasaki - Outside Japan once you own an item you can do whatever you like with it, it yours

Wow! That shows how little you know. You cannot buy a video game or DVD, rent it out or play it publicly without the consent of the maker. Have you ever read the warning at the start of a DVD or video game? I’m pretty sure you haven’t.

This is just like the capcom bar in Tokyo. Wonder if they will get shut down as well. It's no wonder innovation is so lacking in this county...

Another case of Big Business squashing something in its infancy. They should fine these companies a nominal amount at first and gradually increase the fine.... part of the fine would go to the game companies. In the mean time they should develop a system whereby the big companies can start to charge for game usage. Do not shut down these game bars.... we need the shut-ins to have a reason to go out and socialize.

No wonder Japan businesses couldn't make money outside japan, their business model really depend on custom and law that exist in Japan.

Outside Japan once you own an item you can do whatever you like with it, it yours.

This is just the tip of the mountain when it comes to copyright violations. I'll bet that the cops pulled this one off to send a message to everyone else to cease and desist.