Merely a few hours ago, Japan introduced new anti-piracy legislation designed to eradicate illegal file-sharing. In most countries where users are only targeted when they upload copyright-infringing material to other Internet users, the new law also targets anyone downloading unauthorized material, which could result in a jail sentence.

According to the Recording Industry Association of Japan and their IFPI affiliates, the Japanese music industry is in trouble. Unauthorized downloads eclipse those from official source by 10 to 1, and the market for downloads shrank by 16% last year.This decline needs to combated, they insist.

Japan approved an amendment to its Copyright Law that would see downloaders of unauthorized music face stiff criminal penalties in addition to the civil remedies already in place earlier this year in June.

The wording here is important. While in some countries downloading copyrighted media without permission is already illegal, it is usually the uploaders (distributors) of content that are targeted in so-called “3 strikes” style campaigns.

While Japan already has the legislative muscle to hit uploaders with up to 10 years in prison and a 10 million yen ($128,300) fine, this new legislation makes criminals of mere downloaders.

From today, knowingly downloading copyright infringing material can result in a two-year jail sentence or a fine of 2 million yen ($25,680). But there could be complications.

Tracking uploaders of infringing material is a fairly simple affair, with rightsholders connecting to file-sharers making available illicit content and logging evidence. However, proving that someone has downloaded content illegally presents a whole new set of issues.

On BitTorrent, for example, rightsholders would have to be the ones actually sending the infringing material to a file-sharer in order to know that he or she is downloading it. This scenario could cause complications, since rightholders already have permission to upload their own content, making the source a legal one.

But for the implications for ‘downloaders’ could be even more widespread. The generally tech-savvy BitTorrent user understands the potential for being targeted for sharing, but by making mere downloading a criminal offense it is now feared that those who simply view an infringing YouTube video could also be subjected to sanctions.

For some rightsholders though, even this kind of draconian regime isn’t enough. As reported in June, music rights groups including the Recording Industry Association of Japan say they have developed a system capable of automatically detecting unauthorized music uploads before they even hit the Internet.

But to do that they need to be able to spy on Internet users’ connections and compare data being transferred with digital fingerprints held in an external database. That can only be achieved with the assistance of Internet service providers who would be asked to integrate the system deeply into their networks.

Source: TorrentFreak

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Anyway, in my opinion, don't underestimate digital pirates. >:-) The law, of course, doesnt affect those outside Japan, but it's going to be tougher for fansubbers to grab a copy of raw anime now, but i don't think it can be stopped. It's going to be harder to find J-pop music but not entirely impossible.

"a system capable of automatically detecting unauthorized music uploads before they even hit the Internet"

There are lots of ways to distribute file online without detection - with extra care taken. Maybe, rename all the songs of an album with codes, then include a note inside the folder on the details (name, artist, album, etc), then double archive the folder (such as .7Z format) with encryption. Just an example.

In places like Malaysia, if you want BluRay quality anime series, and dont mind spending a few hundred bucks for a copy - where do you find one in brick and mortar shops? None. All you can find - 15 buck "original" DVDs which are merely "licensed bootlegs" with pathetic subtitles. You may purchase online, but be ready to be slapped with a 15% tax at the customs after being held there by them for some time, when you don't know (or already know) where the tax money is going (I'm not gonna talk about politics here).

For non-Malaysian's knowledge, they have the right to open your parcel and inspect the contents, without any respect for privacy. Buying ero figures will be difficult but not impossible. And, if your parcel contains optical discs, the risk of it being ripped open is even higher (as an excuse to check for pornographic, illegal or counterfeit material).

Anyway, wish yourselves luck, and long live anime!