Kazuaki Shimazaki comments

Posted in: Anger at acquittals of TEPCO execs in Fukushima case See in context

@oyatoi Today 02:01 pm JST

Though it should not be necessary to make clear that it was intended metaphorically,

I can see it is a metaphor. My point is that your metaphor was inappropriate by making an equivalence between a fully prepared and mandatory governmental act and the research that might lead to such an act.

You can be assured that if a smoking gun had existed, in the form of compromising paperwork or an email trail, it would long ago have been excised from the record.

In other words, no such thing was presented to the court. As far as the law is concerned, such paperwork does not exist.

It is laughable in the extreme for you to be suggesting that safety not profit was the primary concern.

As a corporation, its goal is to make money. As such, as long as it complies with the minima set by the government, it may focus the rest of its efforts on profit. It is one of the reasons the government acts as a go between.

You've nailed it there!

Which as far as a corporation is met when they met the governmental requirements. If they must plug someone for criminal negligence, the correct target is the heads of the governmental team who wrote and reviewed the norms active as of 2011, not the corporate heads.

The only ways I see heads of corporation being proper criminally liable even if they met the governmental norms is if for example you can prove they for example bribed the people writing the norms to make them looser.

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Posted in: Anger at acquittals of TEPCO execs in Fukushima case See in context

But what if an airplane crashed after having been given the all clear to fly by an airworthiness maintenance engineer who hadn’t been keeping up to date with the latest mandated airworthiness directives. Or, perhaps came to grief because it collided with a truck that had been inadvertently parked on the runway.

There was no "latest mandated airworthiness directive". At best there were reports and internal research which might eventually form the basis of an updated "mandated airworthiness directive".

There is no such thing as perfect safety, and safety does not come for free. The balancing line is calculated by the government and laid out as government standards after consultations with industry (to determine the possibilities and costs of safety measures), external experts (to identify the potential risks of NOT implementing extra safety measures), and the Customers (to determine their willingness to suffer extra burdens in pursuit of safety).

Once the line is set, industry should be able to rely on the line. Unlimited liability is severely detrimental for business.

It is fallacious of them to argue that nobody could have foreseen the known risk associated with tsunamis in an area which has a history of devastating ones.

The usual minima for negligence is failure of a duty of care, not mere foreseeability.

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Posted in: Court rules TEPCO execs not guilty of professional negligence over nuclear crisis See in context

People with long memories may remember I had long been an opponent of this prosecution and predicting its failure. Called it.

The key element of the case at the end, is their conformance to contemporary safety standards. Once that was accomplished, only a very policitized court will be able to find them guilty. If companies cannot rely on the officially mandated safety standards, those standards are meaningless and the business environment of that country will suffer tremendously (far more than a little radioactive dust). Standards are there not only to protect the consumers, but to limit liability to business.

You might also consider the real consequences of using internal communications and research against them, should they have been found guilty on those points. That would mean conducting such research is detrimental, and no company with a brain will conduct such research ever again, nor will they commit any doubts onto paper. The paperwork in the next case will be clean, because nothing "dirty" would ever have been put on them.

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Posted in: Anger mounts in Japan over 'outdated' rape laws See in context

rainydayToday 11:46 am JST

Nobody has to prove consent (in countries where the lack of consent is a defining element of rape, which is most countries). The onus is on the prosecution to prove there was a lack of consent.

That's a beautiful theory, but it is mere formality for the simple reason that only in a minority of these cases will there be any third-party evidence of consent. It will be He-said, She-said and either the judge takes the woman at her word (dreaming up some BS about how "credible" she sounded) or he goes with the principle of not convicting on accusation and you are back where you started.

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Posted in: Hong Kong protesters reject leader's concession with new rallies See in context

Hong Konger view.

My sense, watching the protests these last few nights live is that while they are still there, they are definitely smaller. No one is talking about tens of thousands, hundreds of thousands or even millions. Now we are talking tens, hundreds, maybe thousands.

Two nights ago, they came to my place. My thought was Platoon 1 and Platoon 2 - they no longer have the numbers to form a tight formation. The biggest opposition was when the police chased them one of the nearby residental areas and the residents did not like the idea of police coming in.

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Posted in: Seoul, Busan pass bill to boycott 'war crimes' Japanese firms See in context

@oldman_13 Today 06:51 am JST

To their credit, as indicated in the article, not all SK politicians and citizens believe in this nonsense.

Not enough of them to stop this stupidness from passing, though.

@HeckleberryToday 07:00 am JST

One quote from a legal expert:

Source: https://www.lawfareblog.com/korea-and-japan-clash-over-history-and-law

Uh, the author's name is Brian Kim, neither of the degrees are in Law and he graduated from Peking University?

However it is interesting that while Japan argued that rights of individuals to claims were extinguished, it went against its own official stance in negotiating an agreement and compensation for the 'comfort women' in 2015.

Technically, (except perhaps in extremely simplified renditions for peasants) Japan claimed that the right of diplomatic protection is lost (not exactly the same thing). However, even at that people have criticized the agreement in the first place as going beyond the obligations (for Japan) in the 1965 Treaty.

Still, it is one thing to negotiate for extra advantages above the treaty (which you must remember South Korea quickly reneged on), another to unilaterally declare it by dint of judiciary (a government organ).

@YubaruToday 07:11 am JST

No, "to boycott" is OK, since that is indeed the purpose of the bill. It just isn't backed up with coercion.

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Posted in: Gov't to use family name first in Roman alphabet in documents See in context

@cleo Today 05:16 pm JST

Which comes first is simply a matter of syntax, not collectivist thinking.

If we are going to follow the syntax, then we can just continue writing it as per usual English syntax. To propose reversing the order will be to deny the importance of grammatical syntax, thus letting other things rise up.

@commanteerToday 05:31 pm JST

How can being one of the many millions of people named William be an indicator of individuality?

Usually, you work in a small group, and in that small group chances are you will be the one and only William. That brings us back to where we started.

Plus, remember, people in English find it hard to break their usual syntax. To ensure they get it, the name would have to be written "SHIBAYAMA Mashiko", which only further destroys the harmony and visual smoothless of the text. The reader has to pick up the signal, throw away his usual assumption that this is the first name, read the last name, and then read the first name. BUMP!

Plus did you notice the family name just got more prominent again? The family is big, individuals are small.

It isn't that big a deal, true, but if we are to discuss the merits of this change, such considerations must come into play.

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Posted in: Mother, boyfriend get suspended sentence for leaving scalded child at home See in context

DisillusionedSep. 5 06:37 pm JST

but for one to have serious 'untreated' burns just shows a complete lack of any kind of maternal affection towards the child.

Ironically, maybe the idea of treating it with plastic wrap isn't as horrible as first impressions make it:



And they won't be the first parents to feel that an injury does not always merit a trip to the hospital.

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Posted in: Gov't to use family name first in Roman alphabet in documents See in context

@papigiulioToday 04:46 pm JST

Who cares if the name is written before or after the family name, or above, or below or in reverse, underlined, striked...

Actually, there is a difference, and it is not to the favor of the East Asian style.

First name first emphasizes the individual over the family. Last name first emphasizes the family (collective) over the individual. Insisting on the Japanese style means that even when speaking in English, a person's most distinguishing characteristic is not himself, but the family he belongs to.

Do you want such a piece of collectivist thinking to be mandatory?

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Posted in: Japan to revoke S Korea's trusted trade status Wednesday as planned See in context

@smithinjapanToday 04:24 pm JST

"Trade controls as an issue are in a "completely different dimension" from military intelligence, Seko said, adding that he "can't at all understand why South Korea would connect the two."

Because he's a moron, in a government of right-wing morons.

For one thing, he can only say that. On the substantive point, however, he is right. Mature countries (unlike the People's Republic of China) are supposed to keep issues separate from one another, not to mention that South Korea is 100% at fault and has no standing to claim a justified retaliatory action. Thus, their action can only be counted as an aggravated offence.

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Posted in: Abe says S Korea canceling intel deal damages trust See in context

Kim accused Japan of having ignored South Korea's repeated calls for [unilateral concessions from Japan, without extinguishing Korea's right for further claims] resolve bitter trade and history disputes.

There, fixed it :-)

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Posted in: U.S. Marines chief acknowledges worries on Japan-S Korean ties See in context

@extankerToday 09:41 am JST

Man, you are just full of excuses. An article posted on the official Department of Defense website somehow is not official.

Actually, VoiceofOkinawa does have a point. A article made for laymen may have some authoritative interpretive value, but it is not a source of law like treaty text or statutes. He can fight it using the statute if he sincerely feels it is impossible to interpret the statutory or treaty text in the manner suggested by the website.

However, on the larger point, he still fails. Simply because he is obligated to read the equally authentic text such that they do not conflict with each other to the greatest degree possible. In this case, the world Navy is never used, not even in the Japanese version. The words are 陸(land)軍(forces - because Japanese does not have plurals)、空(air)軍(forces) and 海(sea)軍(forces), exactly as in the English.

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Posted in: Kyoto Animation arsonist sent more than one novel to company as part of annual writing contest See in context

I said "share culpability", as they were part of the equation.

I think the more correct term is that he may have been part of a very indirect causation chain. He would not have adequate causation considering the degree of separation, thus he is not culpable. And the fractions between plagiarism and mass murder is so adverse I would say that there's no moral culpability, at least if you are rational.

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Posted in: Trump revives suggestion he'd end birthright citizenship See in context

JJ JetplaneToday 09:25 am JST

It is ambiguous. Because an actual legal argument can be had as to whether that particular right applies to individuals that are here through illegal means

The text is not, and as long as the judges stay disciplined and plain-read things whenever they can, there should be no problem. It is only when you un-necessarily allow "intention" into the mix that the problem starts.

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Posted in: Man arrested for abducting junior high school girl with intent to commit sexual assault See in context

KniknaknokkaerToday  05:30 pm JST

For crying out loud a 14 year old girl walking around at near 10pm.

Tell me where you lived to pick up these standards, so I can remember not to live there. From a HK perspective, you should be able to walk around in reasonable safety at 10PM.

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Posted in: 57% oppose sending SDF to Middle East: survey See in context

OssanAmericaToday  09:15 am JST

43 to 57% is not a great wide margin. These 57% are the insulated "heiwa-boke" people who think that the nice lifestyle and amenities in Japan are free.

I agree with the heiwa boke but you don't get to count the abstentions on your side :-)

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Posted in: Chinese aircraft used Japanese ships as targets in East China Sea drill: gov't See in context

I'm not excited. It is inevitable that such things happen. When a P-3C tracks a Chinese Type 93, they are also practicing localizing them and having them for lunch on command.

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Posted in: Violence poses conundrum to Hong Kong protest movement See in context

rlperez@hotmail.com.auToday  10:28 am JST

It appears about 1.7mil in HK are/have protested. This represents about 25% of the HK population. 

For one thing, you hadn't cut the kids (which would not be part of the voting population) out of the equation. For another thing, to equate a protester to a voter is flawed, simply because the time investment, not to mention the risks are simply incomparable. I'll say an "iceberg" rule, where if you see one protester you assume at least 10 more people that are leaning in that direction, is more realistic.

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Posted in: Mental illness issues could make death penalty impossible for Kyoto Animation arsonist See in context

Go ahead and throw him in the mental hospital, but make sure he is well medicated to the point he won't be able to move for life.

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Posted in: Japan under pressure over past hunting of endangered whales See in context

The standing committee of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) last October found Japan in breach of the treaty and ordered it to rectify the situation or face trade sanctions.

Be it the ECHR or this, once you create these international arbitrators/adjudicators, what do you do when they abuse or exceed their powers?

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Posted in: Man arrested over illegal 'One Piece' manga-viewing website See in context

@extankerToday 11:37 am JST

Tell you what, I’m just gonna borrow your car for a few days and let some random folks drive it around. Don’t worry, I’m not charging them for it so it’s ok

The funny thing is, if you indeed only borrowed my car for a few days, depending on jurisdiction it would likely not rise to the level of a crime, with theft requiring intent of permanent deprivation.

The concept that anyone could believe that something born from your own mind could be used or given away by someone else is what is insane.

But you turned that "something born from your own mind" into a saleable product, and you sold it to someone. Which means the Right of Ownership is transferred and he should get the rights to freely dispose of the item, including making a million duplicates of it.

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Posted in: Man arrested over illegal 'One Piece' manga-viewing website See in context

The association estimates that number of visitors translates into losses of 319.2 billion yen ($3 billion) for the manga industry.

So, about $5 a man or just over 500 yen. Comics are 6-700 yen these days so are they assuming every one of those visitors will have bought 1 comic? That's pretty "optimistic".

Lorem ipsumToday 11:31 am JST

It's not ridiculous, it's called a retroactive law and isn't that uncommon.

It is quite frowned on in legal circles, and it'll have to be explicitly written in the law.

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Posted in: Man referred to prosecutors for leaking 3D map of Japan to China See in context

RobAug. 10  05:38 pm JST

The data in question is quite more accurate than Google provides and is used for targeting systems that the military can employ.

I'm sure it is more accurate, but Google Maps isn't bad, so the question is whether the extra precision would make a real difference to the accuracy of the attacking missiles.

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Posted in: Japan may send ships to patrol off Yemen instead of Strait of Hormuz See in context

@kazetsukaiToday 12:06 pm JST

As during the Russo Japanese war when many of their ships were acquired from foreign navies, the only alternative for now may be to "buy" what is needed for defense as with the F35 until such time as Japan is able to increase its forces by building its own. And of course build more allies in Asia.

Unlike planes and tanks, Japanese warships are actually built reasonably to schedule and at controlled costs. Looking at the recent results of European warship construction, I don't think I'll want to chance buying anything off them nor would they be able to contribute too much.

voiceofokinawaToday  06:17 pm JST

Is this the reason why the JMSDF must send warships and fighter jets to the Persian Gulf as part of the U.S.-led Coalition? Why should Japan fight against or be at loggerheads with Iran, with which Japan has kept friendly relations for decades?

Wait, wait wait, why does sending a warship necessarily mean fighting Iran? If Iran doesn't attack the convoy, then there is no battle. If there is, they can defend the merchants.

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Posted in: Nagasaki observes 74th anniversary of A-bombing See in context

@Chip StarToday  02:52 pm JST

They would have freed East Asia from colonial powers? (Yes, that was sarcasm.)

It'll depend on when they have the nuke. Let's say they make it in 1941 (we'll also give them suitable delivery means since otherwise they'll have real trouble moving a Little Boy sized bomb around). They might be able to then demonstrate it to the United States (who will still be years from having their own). The Pacific War might just be averted, Chip Star. China might just throw in the towel. It might not be so bad :-)

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Posted in: Japan OKs first S Korea high-tech export since curbs, but with a warning See in context

HeckleberryToday  06:49 pm JST

Actually, I personally find that picture up there rather amusing. My first post on this thread was supposed to be a parody of what the Chinese would say in a similar situation (a certain number of PRC flags have been destroyed recently in HK, and they are not amused). I just wish they are actually fighting for democracy or anti-extradition (to China), not the right to ignore international law.

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Posted in: Japan OKs first S Korea high-tech export since curbs, but with a warning See in context

@Heckleberry Today 06:43 pm JST

Samsung is expected to be fully independent of Japanese raw materials before the year is out

Well, I hope they don't get too fleeced by China and Russia and all those subs they are bringing in. Once those guys get their teeth in, Samsung would never escape. At least Japan doesn't ask you to infringe your own sovereignty and refrain from actions clearly within your rights (read: THAAD).

But then, Koreans have historically been Chinese lackeys. They may just be returning to that state. It'll suck for the Koreans, but they've proven they can't be independent so maybe that is their lot in life.

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Posted in: Japan OKs first S Korea high-tech export since curbs, but with a warning See in context

Wallace Fred Today  06:29 pm JST

That's pretty "optimistic". The measure was designed from the start to allow such proportional measures to be taken. Why do you think the Japanese would blink? Did Korea do anything unexpected? They've been suffering from Korean extremism for decades and I just don't see them imagining Korea would fold immediately.

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Posted in: Pentagon chief urges Japan to consider joining Strait of Hormuz coalition; raps China See in context

kazetsukaiToday  05:12 pm JST

Abe need his limited naval forces close to Japan at this time.

The Chinese navy is a threat, no doubt, but it does not necessarily mean the best choice is to conserve everything. The MSDF can gain from actual demi-combat experience against an enemy which unlike pirates can fire missiles - it'll get rid of bad habits, shake off cobwebs ... etc.

Plus there is the whole buy points with America part of the equation, which is worth more than a few ships.

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Posted in: Man arrested for arson threat to Aichi museum over 'comfort women' exhibit See in context

OK. He's been caught. Will they allow the statue now?

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