DS piracy leads to 2.5-year prison sentence

by JC Fletcher { Aug 3rd 2009 at 2:10PM }

DS pirates in Japan aren't just at risk of having to forgo Facebook -- there could also be jail time involved. Yoshiaki Asagiri has been found guilty of copyright violations by a Kyoto district court, and sentenced to two and a half years of jail, plus over nine million yen (almost $100,000) in fines.

Judge Junichi Tochigi said that "This crime is an insult to the efforts of the rights holders who spent great amounts in the production of the games. It's clear that the rights holders suffered great losses."

Asagiri was more than just a casual downloader of DS ROMS. Along with friends, he created a website to distributed copied DS game files. He also participated in other forms of piracy, including selling designer knockoff goods. But even with those extra circumstances, that jail time is enough to send a chill down the spine (and peg leg) of even the most casual downloader.

Tags: japan, piracy, yoshiaki-asagiri

Reader Comments (Page 1 of 1)

Storm Eagle [Wiizer Sweatshop R&D] @ Aug 3rd 2009 2:35PM

I'm sure his knock-offs couldnt have been has bad as this:

http://www.youtube.com/watch?v=wed_bW8iiEw

sony boy @ Aug 3rd 2009 2:56PM

serves him right.

HotLimit @ Aug 3rd 2009 3:52PM

OK, can someone explain to me why direct download websites that people have actually heard of and use don't get shut down? Not to mention torrent trackers, Chinese malls, and all of the other actual threats to intellectual property.

Also I really doubt some kid downloading Michael Jackson's discography right now is having chills go down his spine, obscure-Japanese-pirate-jail-sentencing or no.

maduin @ Aug 3rd 2009 4:01PM

because copyright laws differ from country to country and there's no international standard. Let's say that in Spain it is perfectly legal to distribute and download software and other copyrighted material, then it would be really easy to just find someone in Spain to run a server for you where you could legally store all your pirated games for others to download. The US or Japan really couldn't do much about it since it's not against the law there, they could go after the downloaders instead of the providers, but it's much more efficient to catch the big guys instead.

HotLimit @ Aug 3rd 2009 4:13PM

Thanks, I had a feeling it had to do something with the legal hassle. I think it's a shame that countries with little stake in the development of the software have lax copyright laws that give real pirates an out, while businesses in countries with a large stake in the industry (Japan and USA) are made to suffer for it.

And yeah, going after individual downloaders is no more efficient than the death penalty, and probably doesn't garner much a compensation.

Nightwish @ Aug 3rd 2009 4:41PM

"I think it's a shame that countries with little stake in the development of the software have lax copyright laws that give real pirates an out, while businesses in countries with a large stake in the industry (Japan and USA) are made to suffer for it."

How come? They did the same thing in their time.

HotLimit @ Aug 3rd 2009 4:56PM

Yeah and China has human rights abuses that are comparable with slavery, but do we justify it because that 'in their time' slavery was OK in America?

MRLN @ Aug 3rd 2009 4:00PM

Yay, now close Romulation and Romhustler and all the other ones that blatantly say "ROM"" in their title.

Actually, I only download ROMs of games I've already bought to keep them all on one card, but I think I'm pretty alone there. Also old games you can't buy anywhere, I download. Is that morally ok?

HotLimit @ Aug 3rd 2009 4:36PM

Believe it or not, a LOT of people do the same thing ('back up' their collections), and believe it or not, it's still illegal. The safest route you could go is to get some hardware (probably illegal) that will allow you to extract data from the cartridges you bought so that you can use them on your card.

It's one of those slippery slope things. Say you bought Pokemon Red and you download the file for Pokemon Blue and you're like 'oh they're practically the same'. Next thing you know you're downloading the European version of it, and then the Japanese release of Silver, and yeah... that's how a lot of people's moral logic works.

sandwiches @ Aug 5th 2009 11:49PM

Thanks for pointing me their direction. Needed new sites for ROM downloads.

Nightwish @ Aug 3rd 2009 4:41PM

"Is that morally ok?"

Dude, sure. A lot of "bad things" are ok. Just think for yourself.

Peter R. @ Aug 3rd 2009 5:40PM

Why ask if it's morally ok? That's just unnecessary wording, we just need to know if it's legal.

So...if I buy a copy of Scribblenauts and Kingdom Hearts 358/2 Days, then proceed to download their respective roms and place them on a DS flashcart for my convenience/personal use, is that illegal?

Need knowledgeable answers here.

It really shouldn't be illegal, since I would own an actually copy of both games, and said backup copies are for my personal use.

Paul @ Aug 3rd 2009 11:02PM

It shouldn't be illegal to backup software/games/movies that you pay for, but the screwed up way the Copyright laws are written deem it illegal to do so (at least hear in the US). For example, the DMCA pretty much says that its illegal to backup anything.

So what that means, is that you don't truly own the games you buy.

If I buy a copy of Left 4 Dead, I should have every right to have a backup copy.

Thats why I don't give two sh!ts about copyright laws. The people who passed those laws don't give a crap about your rights, all they care about is big business.

Diosoth @ Aug 3rd 2009 9:37PM

Japan loves their idiotic laws. Corporations make piracy a worse offense than murder, that idiotic genital censorship law is still in effect...

But what should I expect from a country that still refuses to give women any rights?

UltimatePs3FANBOY(AKA LUCAMBE93) @ Aug 3rd 2009 9:43PM

I'm proud to say i pirate DS games and the reason why is if a developer can't be bothered to bring there game to the UK or we get a game late i just download it tough luck on the developers maybe they will learn to distribute there games properly in future

aj @ Aug 3rd 2009 10:31PM

Distributing bootlegs, copies, and knockoff goods generally ends in jailarity.

Downloading 20 year old video games that you've ALREADY BOUGHT does not.

nocturnalkami @ Aug 4th 2009 8:35AM

I understand the need of copyright when it comes down to plagiarism and the stealing of you work for profit. I see the need of holding the rights of your stuff I do.
The big problem I have with business is how far that right is taken. I buy games. I also back them up. The biggest reason is the convenience of having all my games in one place and keeping the games in pristine condition. A huge problem is the game quality itself. There are good DS games. Fun DS games and there's the the heck is this games. The adventures of Starfy anyone? How about the imagine series? THese types seem to be produced in the masses.

It amazes me with all the crime, killings and kidnapping going on in the world this is a focus. Fine arrest people selling the bootleg games and knock offs. I get that. THAT does violate copyright. Plus ripping off the people who buy it (if they think it's real) But to go after and present the people for are casual downloaders as the most evil of humans on the face of the earth. Why the "them against us" scenario? The ones at the for front of of all this talk of loss of profits are the hugest people in the industry. I'm sorry but unless every person stopped buying games... Never went into a gaming store/visited a site. Complain then! What major loss of profit? What about all those pre-orders for Dragon Quest? I've been search for a game for the PS2 and it's sold out! Come on guys. Leave the tiny percentile alone and focus on producing games... Good games please. People will spend their money on those. (^.^ )

One last point. There more the gaming industry talks about it... Gives the fact you can download the games for the DS awareness right? So then people (despite hearing someone got arrested) Won't some start searching for how they can do the same, right?