Category: Law

A few quick links before a brief absence

As of today, February 14th, I have exactly two weeks before I fly from Taipei’s Chiang Kai Shek airport back to New Jersey’s Newark. With that deadline pressing on me, I’ve decided to take a week and head to see some places in the south (and maybe East?) of the island that I haven’t yet gotten around to. I’ll hop a bus this evening to Taizhong, look around that area during the day tomorrow, and then meet up with a former classmate from Ritsumeikan in the evening. That’s as far as I’ve planned, but I’ve got my Lonely Planet Taiwan to look over on the bus ride.

First up is one that I’m amazed hasn’t gotten more attention.

Japanese sue over disputed history textbook
TOKYO (Reuters) – A group of Japanese sued over a history textbook that critics say whitewashes Japan’s wartime aggression and has angered Asian neighbors, demanding on Thursday that a local government cancel its adoption of the text.

Japan’s Education Ministry approved the new edition of “The New History Textbook,” written by nationalist scholars, last April, prompting outrage in China and South Korea, where bitter memories of Japan’s aggression until 1945 persist.

The lawsuit was filed by eight residents of Suginami, a residential district in western Tokyo that attracted media attention last year when it became one of the few school districts to adopt the junior high school textbook.

“As a resident, I can’t keep silent over the choice of an unwanted textbook for growing children,” Eriko Maruhama, a plaintiff in the lawsuit, told a news conference.
Read full article.

This sounds like a reasonable course of action for local residents to take, since they allege that the school board chose the textbook for political reasons, despite it having been given a poor quality assessment by local teachers. Perhaps this lawsuit will have a similar effect to that of the Dover, Pennsylvania lawsuit which blocked that schoolboard from teaching intelligent design.

Next is something that I briefly mentioned on in this rather silly post the other day. As reported by the prolific Norimitsu Onishi in the New York Times, Tsuneo Watanabe, the publisher of Japan’s conservative Yomiuri newspaper, has recently been reconsidering the long term impact of some of the right wing policies he had promoted, particularly in regards to the international relations, miltarism, and the Yasukuni issue.

The Yomiuri is the world’s single best-selling daily newspaper, and its impact should not be underestimated. Of particular interest is the fact that Watanabe has actually joined with the Asahi Daily newspaper, Japan’s major left-leaning daily, and the Yomiuri’s chief rival, in calling for a national, religiously neutral, and internationally respectul memorial to replace Yasukuni for official purposes.

As rivals, it is not surprising that The Asahi Shimbun and The Yomiuri Shimbun often adopt different editorial viewpoints. Even so, a recent exchange between the heads of the editorial boards of the two major dailies found some common ground, especially regarding Prime Minister Junichiro Koizumi’s controversial visits to Yasukuni Shrine.

The following is the abridged version of a discussion between Yoshibumi Wakamiya, chairman of The Asahi Shimbun’s editorial board, and Tsuneo Watanabe, chairman of The Yomiuri Shimbun group, that originally appeared in the February issue of Ronza, the monthly commentary magazine published by The Asahi Shimbun.

Time Europe has an interesting article about how Olympic wannabes are opportunistically changing their citizenship, often based on tenuous third generation bloodline connections, to qualify for elegibility to participate in that country’s national Olympic team. While I have no interest whatsoever in the Olympic games themselves, I do always like to hear about new twists in conceptions of citizenship.

hockey’s crossover nationals are hardly anomalies in Torino, where plenty of athletes are competing under the flags of second or adopted homelands. The practice is so common in both Winter and Summer games that International Olympic Committee ( i.o.c.) President Jacques Rogge blasted some of them as “mercenaries” last November.

And last, but not least, more tragic news regarding our slimy brethren.

he mountain yellow-legged frog has survived for thousands of years in lakes and streams carved by glaciers, living up to nine months under snow and ice and then emerging to issue its raspy chorus across the Sierra Nevada range.

But the frog’s call is going silent as a mysterious fungus pushes it toward extinction.

“It’s very dramatic,” said Yosemite biologist Lara Rachowicz. “One year, you visit a lake and the population will seem fine. The next year you go back, you see a lot of dead frogs scattered along the bottom of the pond. In a couple years the population is gone.”
[…]
The frog population has dropped by 10 percent a year for five years, Rachowicz said at a gathering last month of 24 experts trying to save the frog.

Images of Taipei 101 now restricted


The Taipei Times is reporting that “Taipei Financial Center Corp (TFCC), owner of Taipei 101, said it will start charging companies for any commercial usage of the image of the world’s tallest building in a bid to protect its trademark.”

Last year alone, TFCC found over 1,000 cases of other companies using Taipei 101 as a promotional tool — mostly in real estate advertising — that could potentially mislead consumers, Wei said.

As a result, TFCC decided to charge royalty for any commercial use of the building’s image. For example, a poster featuring the Taipei 101 tower will be charged NT$100,000 (US$3,099), Wei said.
[…]
Use for the government and public is free of charge, Wei said.

The decision drew the ire of advertisers and TV producers, as other major landmarks around the world, such as the Empire State Building in New York City and the Eiffel Tower in Paris, have no such charges.

Unfortunately, the last statement seems to be only half true. In a clever manuever, photographs of the Eiffel tower itself are not copyrightes, but in 2003 a new lighting display was installed. Since the design of the lights is copyrighted, photographs of the lighting disaply are as well, which by extension means any photos of the Eiffel Tower at night.

As a result, it’s no longer legal to publish current photographs of the Eiffel Tower at night without permission. Technically, this applies even to amateurs. When I spoke to the Director of Documentation for SNTE, Stéphane Dieu, via phone last week, he assured me that SNTE wasn’t interested in prohibiting the publication of amateur photography on personal Web sites. “It is really just a way to manage commercial use of the image, so that it isn’t used in ways we don’t approve,” said Mr. Dieu.

It may be some minor comfort that owners of iconic buildings such as the Eiffel Tower or Taipei 101 claim that they won’t prosecute non-commercial infringers, but the fact is that there is nothing stopping them from being a nuisance to anyone that publishes such a photo, even on a personal blog like this one. Does anyone really think that laws allowing for these kinds of restrictions are reasonable? I can’t wait for 2012 (to be optimistic) when security teams are stealing cameras from tourists snapping photos of the new “Freedom Tower” at New York’s World Trade Center.

China angry over Japan’s arms trade

Younghusband pointed out this brief news article related to my earlier post.

BEIJING — A Chinese newspaper and the Japanese Embassy in Beijing are in dispute over coverage of Japan’s firearms exports. The dispute was triggered by an illustrated, full-page Jan 17 article in Elite Reference, a newspaper under the China Youth Daily, that Japan exported $65 million worth of arms in 2003, becoming one of the world’s top eight arms exporters.

The article, titled “Examining the Reality of Japan’s Military Spending,” said that in 2001 Japan exported $55.7 million worth of bombs, hand grenades and other arms, mostly to the United States. Embassy spokesman Keiji Ide visited the newspaper’s offices in Beijing on Jan 19 to meet the reporter, Qiu Yongzheng, question his sources and challenge some parts of the article.

Ok, I know that Japan exports handguns under the claim that they are sports equipment and not actual “arms,” but bombs and hand grenades? Is there any truth to this whatsoever? Keep in mind that the report comes from Chinese state media, not widely knows as the most reliable source.

Gaining Perspective from Tragedy

Lock your door at night:

Dorm incident may lead to changes in sex assault law

February 3, 2006

STORRS, Conn. — An incident involving three men accused of masturbating over a sleeping University of Connecticut student is sparking calls to change the state’s sexual assault laws.

The men, who are also students at the school, face disorderly conduct and public indecency charges. But they will not be charged with sexual assault because there was no physical contact with the female victim during the September incident, said Elizabeth Leaming, the assistant state’s attorney prosecuting the case.

“It’s a frustration that there is no ability to charge a sex offense for the kind of conduct alleged,” Leaming said Thursday.

The incident occurred after the woman fell asleep in Skvirsky’s dorm room on Sept. 24.

The young woman discovered what happened after she woke up. She filed charges three days later.

I’ve been accused of being both a Japan apologist and a Japan basher. I admit to both readily. I love Japan, but it is screwed up. I have been somewhat hard on Japan, you might say, by translating reports of some fairly depraved activities.

But at times we all need a bit of perspective. That is why am grateful, in a way, that someone from my hometown (Somers, Connecticut) has helped remind me that Americans can be just as perverted as Japanese people, and sometimes the law is caught with its pants down, so to speak, when it comes to dealing with the devious bag of tricks that is the human imagination.

I presume this means something

Seen in a contract between two large-ish companies which shall remain nameless:

“If [list of conditions omitted], then Company shall have a presumptive right to extend the contract.”

Discussion questions:

  1. What’s a “presumptive right?” Is that different from a regular right?
  2. Is “shall have” different from “will have?” Or, for that matter, “has?”
  3. All in all, how is “shall have a presumptive right to” different from “may?”

The “what the hell” theory of Japanese law

Unless you follow the business media in Japan, you probably haven’t heard about the upcoming overhaul in Japanese corporate law. It’s pretty intense, and it illustrates my personal favorite theory of Japanese legal policy: the What The Hell Theory. Basically, the theory states that:

  1. Japan sees a legal instutition overseas and decides to adopt it.
  2. Japan picks a random portion of the institution and says “What the hell! Let’s change it!”
  3. This change leaves Japanese society with an evil mutant form of a foreign institution that doesn’t really work properly.

Case in point: this new institution called the godo kaisha (GDK). Up until now, there have been two basic kinds of corporations in Japan: the kabushiki kaisha (KK) and yugen kaisha (YK). The YK structure is for small companies, and the KK structure is for large companies (or, more often, small companies that want to seem large). As of April, the YK will cease to exist and its place in the system will be filled by the GDK. Continue reading The “what the hell” theory of Japanese law

Japan doesn’t like black people? No, all foreigners are screwed

And here’s the proof: Black man loses lawsuit against exclusionary store; not deemed a discriminatory statement. But take a look at why the claim was kicked out of court:

The man who brought the suit is 41-year-old Steve MacGowan. On September 4, 2004, MacGowan and another black friend were looking at eyeglasses in the window of an optician in Osaka. The store owner came to the front, said “Get out! We don’t like black people here!” and kept the two out of the store. The suit was filed in October of that year.

The decision, following MacGowan’s allegations of violations of constitutional equal protection provisions, focused upon the existence of a discriminatory statement. The judgment: “The plaintiff’s ability in Japanese creates a substantial problem. We cannot overlook the chance that the statement made on that day was almost completely miscomprehended.”

So the bottom line is, unless your Japanese is absolutely perfect, you’d better have some native witnesses around if you want to win in court. Or better yet, carry a tape recorder.

(Thanks to Debito for the tip.)

Another Aum member sentenced

The Japan Times has the story:

The Tokyo District Court sentenced a past key Aum Shinrikyo figure to 30 months in prison Friday and fined him 2 million yen for unlicensed sales of skin ointment in 2003 and 2004.

Takashi Inoue, 37, who headed the cult’s Tokyo training center, had pleaded not guilty to charges of fraud and violation of the Pharmaceutical Affairs Law.

“It was not fraud. I did not know that it was a pharmaceutical product that requires a license,” Inoue said during the trial.
[…]

According to the prosecution, Inoue’s gains from selling some of the medicine by falsely advertising it as not including steroids amounted to 4.15 million yen.

Noda was found guilty in the same court in December of illegally selling the ointment and sentenced to a suspended 18-month prison term. He did not appeal.

While this doesn’t seem on the surface to have any direct connection with the operations of Aum itself (which was disbanded as an organization in 1997 by court order, and whose teachings were carried on by the successor organization Aleph), the snake oil sale hucksterism of the operation is very much in line with Asahara’s pre-Aum activity. Were they inspired by the scams of their former spiritual guru, or did he suggest the idea to them directly while communing in the astral plane from his prison cell?

Another good site for Aum background

If you can’t read the original Japanese court transcripts that have been published in book form in Japan, then this web site may be one of the best resources for learning about the legal aspects of the investigation and prosecution of the cult is this site created by Tokyo based software engineer Timothy Romero. Unfortunately he stopped updating it in 1997, many years before Asahara’s trial was concluded, but as he wrote at the time he decided to halt work on the site, “there is little doubt as to the eventual verdict.” Mr. Romero currently keeps an unrelated blog, which seems to be updated every week or two.

Asahara not fit for trial: psychiatrist

Lawyers for Shoko Asahara, founder of the Aum Shinrikyo religious cult, released portions of a psychiatrist’s report Monday stating that Asahara is unable to stand trial because of his confused state of mind.The report of Masaaki Noda, a professor at Kwansei Gakuin University, will be submitted to the Tokyo High Court, the lawyers said.

Asahara, 50, who has been sentenced to death and whose real name is Chizuo Matsumoto, is in the midst of an appeal.

Based on the report, the lawyers will ask the high court to suspend the appellate trial. Asahara has been found guilty on 13 counts, including the 1995 sarin gas attack on the Tokyo subway system.

“If competency to stand trial is defined as understanding the meaning of the trial and the ability to defend oneself, then (Asahara) should be deemed lacking in such competency,” Noda said in the report.

He also stated in the report that Asahara’s symptoms may improve in about six months if he is given immediate psychological treatment and that reopening the trial after his recovery would be more practical than arguing over whether he is pretending to be ill or is actually confused.

Three of the four psychiatrists, including Noda, who have interviewed Asahara have expressed doubts about his competency to stand trial. Another is drafting a report stating that Asahara is suffering from a mental disorder caused by his long stay in prison.

The Japan Times: Jan. 17, 2006

I’m currently in the midst of a job translating some Aum related documents into English so I know something about this Mr. Asahara. You’d think that someone who was supposedly such a master meditation guru would be able to cope with a prison stay. I mean, one of the training techniques he used on his followers was making them meditate for periods of time in an isolation cell! Didn’t he ever practice that one himself? Or maybe the fact that the prison isn’t feeding him the “Aum diet” of vegetables and natto is wreaking havoc with his charkas and inhibiting the flow of Kundalini energies. How could he possibly be expected to remain sane with his Kundalini energies locked down like that?

Or maybe it’s just the aftereffects of a little too much second-hand smoke from the sarin factory.