It was disputed whether the program to acquire so-called virtual currency = crypto assets by using the computer of the person who browsed the site without permission was illegal, and the first trial was acquitted and the second trial was guilty. An argument was held in the Supreme Court to hear the claims of both sides.
Since the argument is a necessary procedure for changing the judgment, the judgment of the second instance may be reviewed.
A 34-year-old web designer living in Tokyo accused of embedding a program "Coin Hive" to acquire cryptographic assets by using the processing power of the computer of the person who browsed the site without permission four years ago. I have been accused of keeping a bad program.
The issue was whether the program was illegal, and in an argument 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 maintaining the Internet. It was a thing. It doesn't have an obvious adverse effect on the viewer's computer, and it also has some benefits. "
On the other hand, the prosecution said, "It's an act that is common sense and turns out to be bad. Denying illegality is equivalent to putting computers used in Japan on mowing grounds with similar programs from all over the world." I asked him to dismiss the appeal on the side.
In this case, the Yokohama District Court of the first instance said, "Although it acts against the intention of the person who browsed it, the reward that the site operator gets from the program leads to the improvement of the quality of the website after that, and the profit of the person who browsed it. It can be said that it is not illegal, and I was acquitted.
On the other hand, the Tokyo High Court of the second trial said, "It is a program that gives the viewer the disadvantage of providing the functions of the computer without knowing it, even though it has no benefit, and there is no socially acceptable point." I was convicted of 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 "Pray for acquittal"
The defendant's web designer was sent a document three years ago and received a brief order with a fine of 100,000 yen, but he was dissatisfied with this and fought in a formal trial.
After the speech, he said at a press conference, "I don't know about the law, but I feel that it is a difficult problem to judge. If this case is guilty, it will be difficult for creators to work. I hope for an acquittal." I was talking.
Attorney Takashi Hirano, the lawyer, 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 carefully judged the correct relationship between law and technology, and the law I want you to issue a judgment that sets a new standard so that it will not be abused. "