35-year-old plaintiff to force 2ch founder Hiroyuki into bankruptcy!

The axe may indeed fall on Hiroyuki, though 2ch itself is unlikely to actually change hands. ZAKZAK reports that the man who filed to seize Hiroyuki assets has decided to file to force Hiroyuki into bankruptcy. This is a move that was taken by shareholders of Kinmirai Tsushin Co. recently when cmopany officials tried to flee with their money, and it works:

Kinmirai Tsuushin is suspected of defrauding some 3,000 individual and corporate investors of 40 billion yen by promising to pay lucrative dividends on the basis of its nonexistent Internet telephony operations.

The Metropolitan Police Department began questioning former Kinmirai Tsuushin executives earlier this week over the alleged fraud, investigative sources said. Ishii is now abroad, they said.

On Dec. 7, a real estate company, one of the 3,000 investors, asked the court to declare Kinmirai Tsuushin bankrupt. The real estate company had invested 55 million yen in response to Kinmirai Tsuushin’s solicitation of investments.

The plaintiff noted that he only decided to go forward with this action because the initial reports on Jan 12 of his moves against Hiroyuki sparked further harassment from 2ch readers.

Depending on how things work out, Hiroyuki’s irresponsibility may cause a major disruption in the regular functioning of the Japanese Internet culture. Not that I feel that bad — though it’s a great site in many respects, 2ch is, as Joe just noted, the best example of what happens when the Internet Fuckwad effect goes unchecked for almost 10 years.

But it looks like he is helping pioneer new ways of making the court system effective against harassment campaigns. Meanwhile, there’s more activity on the 2ch site than ever before, and angry 2channelers have been swinging wildly at people who have sued Hiroyuki, such as American-born activist Arudo Debito.

Crazed 4chan users shut Debito down

The ongoing 2channel litigation just claimed a collateral victim: Debito’s website. Those who read his blog/newsletter will know that he also recently sued 2channel for libel, although he has yet to try collecting on his judgment.

Unfortunately for him, some otaku read the news stories the wrong way and though that it was Debito who was seeking to shut down 2channel. (It’s actually another Japanese guy who’s making the threats to seize the server and the domain name.)

Here’s what happened next, according to an e-mail Debito sent this morning:

From Monday morning Jan 15, the hate mail began trickling in. Then the death threats. Finally, according to my website domain admin today, debito.org has been zapped–i.e. people with large bandwiths have aimed internet guns and fired millions of page accesses onto my the debito.org server, overloading it and closing it down. Which means I am stuck without a site, or a blog, or email, until they get bored.

…The most ironic thing is that most of the hate mail and death threats are in English. Native English, for the most part. Claiming responsibility for all this is some place called “4chan” which is apparently the overseas version of 2-Channel, with the same attitude towards information, anonymity, and personal responsibility.

Here’s the thread that seems to have started it. (Be warned, though, that 4chan is pretty much the realization of the “Greater Internet Fuckwad Theory.”)

At any rate, Debito’s site appears to be back up and running now.

Correction & the latest on white collar exemption

In my earlier post ““White Collar Exemption” and the danger to the LDP” I noted that Chief Cabinet Yasuhisa Shiozaki remarked that the government would try and submit bills that would make it possible to exempt workers making more than 9 million yen from overtime payment. I originally said that the move would affect 20,000 people, but that was a typo. It would actually affect 200,000 people. And as this new article from Asahi Shimbun notes, some politicians with sense don’t want to anger 200,000 voters 6 months before a major election:

Despite concerns about a backlash from voters, the government plans to submit legislation to the Diet that would introduce U.S.-style working rules exempting tens of thousands of white-collar workers from overtime pay.

Ruling coalition officials said pushing the so-called white-collar exemptions for labor standards would hurt them in this summer’s Upper House election.

However, Chief Cabinet Secretary Yasuhisa Shiozaki reiterated on Thursday that the government would submit the legislation to the Diet session scheduled to start later this month.

“We are making efforts now to move in that direction,” Shiozaki said at a news conference.

To alleviate concerns among ruling coalition officials, labor minister Hakuo Yanagisawa met with Liberal Democratic Party policy chief Shoichi Nakagawa and others Wednesday and explained the broad outlines of the proposed legislation.

Yanagisawa said the Ministry of Health, Labor and Welfare was contemplating applying the white-collar exemption to workers making more than 9 million yen a year and who have discretion over their work responsibilities.

Yanagisawa said that under those conditions the new exemption would affect only about 200,000 workers, or about 0.4 percent of the total working population of 54 million.

Those employees will not be paid overtime allowances even if they work more than the legal standard of eight hours a day or 40 hours a week.
Continue reading Correction & the latest on white collar exemption

2ch safe? Lawyers weigh in on the forcible execution question

First off, two lawyers note on their blogs, 2ch.net is registered to Tucows Inc. and not Hiroyuki Nishimura:

Domain Name: 2CH.NET
Registrar: TUCOWS INC.
Whois Server: whois.opensrs.net
Referral URL: http://domainhelp.tucows.com
Name Server: NS1.MAIDO3.COM
Name Server: NS2.MAIDO3.COM
Status: clientDeleteProhibited
Status: clientTransferProhibited
Status: clientUpdateProhibited
Updated Date: 13-oct-2006
Creation Date: 22-jul-1999
Expiration Date: 22-jul-2007

Based on this, lawyer Toshimitsu Dan explains:

At any rate, the 2ch domain’s registrar is not Hiroyuki. forcible execution of assets in a third party’s name is very difficult. It would be a surprise if they could do it.

Did you wonder what kind of procedures need to be taken for forcible execution of a domain name? Since it’s a a forcible execution, the court would carry out auction procedures, decide on the winner of the auction, and when the winner pay the amount, I guess they would go through procedures to change the registrar.

In that case, how would they change the registration?

Would the court send its decision to ICANN? Or would they send it to VeriSign, which maintains .net domains, or Tucows, the registrar for 2ch? I don’t think any of them would respond…

In order to carry out forcible execution procedures on a foreign corporation, a proper treaty is necessary between the two nations, so if there are no conventions then I feel it would be difficult.

The original ZAKZAK story claims:

There is a period from now in which Nishimura may file an objection, but if he does not show up in court as he has been doing, the forcible execution could start as early as 2 weeks from now.

The upcoming provisional seizure is likely to have a big impact not just on Nishimura himself but also the 10 million-plus users of 2ch. That is because, based on the Tokyo Regional Court’s judgment that “it is possible to seize anything that has a price,” his domain names will also be provisionally seized, a move “unprecedented in Japanese history” (according to Japan’s domain management institution).

If the procedures move forward, the domain’s ownership rights are transferred, and the 2ch site loses its Internet address, user will no longer be able to view anything even if they access the original 2ch.net address.

But it looks like 2ch might be safe after all. Nevertheless, the article has scared a lot of people, including this blogger who will be keeping an eye on this story. On 2ch, the story has dominated the news message board, with more than 100 new threads started on the topic.

Sankei interview with Budget Examiner Nakagawa, who learned his survival skills on the streets of rural Brazil

It’s a few weeks old, but this interview with MOF Budget Examiner Makoto Nakagawa is interesting enough for me to translate it in full. Budget examiners in Japan’s postwar bureaucracy historically played a significant role in determining the budgets of the other ministries as they were (and continue to be) the people who investigate each ministry’s budget applications and recommend whether to approve them or not. The struggle for control over budgeting shifted slightly in favor of the Cabinet during the Koizumi years as the PM used the Council for Economic and Fiscal Policy to make numerical budgetary targets for each ministry before they were approved by the MOF. However, nowadays it’s likely that Abe will lose the budgetary process to the bureaucrats once again since he failed to make a bold statement with the CEFP’s general policy outline. Anyway, let’s see just what kind of person holds Japan’s purse strings:

People Talking: MOF Budget Examiner Makoto Nakagawa (age 46): “I want to consider the costs and benefits for Japan”

Budget Examiner Nakagawa 12987_c350.jpgHe joined the Ministry of Finance in 1983 after graduating from Tokyo University’s Faculty of Law. His study abroad, the preferred course for new career officials, was at Cambridge. He had 25 compatriots in his inaugural class. It’s been 23 years since he entered the ministry, but not a single person has left. This is reportedly quite rare.

The MOF’s Budget Bureau, which investigates the nation’s budget distribution, has a Director General, under which are 3 Deputy Director Generals. The Deputy Director Generals, nicknamed “division commanders,” in turn manage 3 Budget Examiners each. The 9 total Budget Examiners are each put in charge of their own ministries and agencies, and Nakagawa’s is the Ministry of Education, Culture, Sports, Science and Technology (MEXT). He handles a total of 5 trillion yen: 4 trillion for education and 1 trillion for science.

Nakagawa is something of a regimental commander within the Budget Bureau, but his gaze upon MEXT is profound. The chaotic Budget Examiners’ Office is located on the first floor of the MOF Building. Here is where a certain Bureau Director General from MEXT paid a visit.

30 minutes after the usual chit-chat that comes after a first meeting, Nakagawa let loose a line very typical of an elite MOF official:

“As a Budget Examiner, you need the feeling that you’re the commander in chief of the combined squadron that is MEXT. That is how I take command. I always have that attitude.” He goes on, prefacing his statement by saying, “If I may be irreverent…” continuing: “I figure out where the people are in MEXT who can bring forward new ideas. Creating relationships with people like that is the best part of putting together the budget.”

Depending on how you take that, that’s a rather bold statement. He doesn’t just speak, he gets his body moving. To get to know people, he brings bottles of sake to MEXT, and makes visits to the field of education and science in earnest. Nakagawa’s footwork is nimble, as befits a man who has stood atop Kilimanjaro, Mont Blanc, and even Mt. Everest.

His father was an employee of New Japan Steel Co. who was involved with the workings of a steel plant in Usiminas, Brazil. From age 3-7 he lived in a village 1,000km away from Rio de Janeiro and acquired survival instincts as a child.
Continue reading Sankei interview with Budget Examiner Nakagawa, who learned his survival skills on the streets of rural Brazil

Another Bush administration official who needs to pack his bags

Of all the asinine things that come out of Washington, this latest tirade by Charles “Cully” Stimson, the Defense Department’s point man on the Guantanamo detainees, is ridiculous. In an interview on Thursday, he went through a laundry list of large New York law firms which are representing the detainees… and then suggested that this was inherently wrong, and merited reprisals from big-money clients.

From the Wall Street Journal‘s Law Blog:

Said Stimson: “I think, quite honestly, when corporate CEOs see that those firms are representing the very terrorists who hit their bottom line back in 2001, those CEOs are going to make those law firms choose between representing terrorists or representing reputable firms, and I think that is going to have major play in the next few weeks. And we want to watch that play out.”

Trés daft. The right to counsel aside, and every American lawyer’s [aspirational] obligation to do some pro bono work aside, Stimson had just pointed out that almost every big firm is involved on the defense side in the detainee cases. So where are these corporate CEOs supposed to send their legal work? India?

As if this wasn’t enough, he then went on to suggest that foul play was afoot:

“Some will maintain that they are doing it out of the goodness of their heart, that they’re doing it pro bono, and I suspect they are; others are receiving monies from who knows where, and I’d be curious to have them explain that.”

Despite being a GMU law graduate and Navy JAG, Stimson must have missed the defamation section of his Torts class. I hope that someone actually drops a major law firm on these grounds, so the firm can sue the living daylights out of Stimson.

Anyway, there are some good reactions coming out already: Senator Leahy came out against Stimson and the Defense Department stated that Stimson’s comments were not representative of the Department.

“White Collar Exemption” and the danger to the LDP

Wages remain stagnant in Japan, and are even declining, even as the economy improves. TransPacificRadio’s Ken puts it well:

Certainly, Japan is in its longest period of post-war economic growth. That said, the current ‘boom,’ if it can be called that, has returned 2-3% annual gains in GDP. Further, the recovery has been fueled by capital expenditure. This means that corporations are the ones spending the money, not consumers. Consumer spending has remained flat in Japan, and it accounts for 50% of GDP.

abe looking serious t2007011229abe.jpgThere are those who have argued for interest rate increases by claiming that a rate hike would provide a better return on savings accounts. This, of course, is disingenuous. Current returns are next to nil; even doubling the prime rate from 0.25% to 0.50% would mean little in the way of returns on savings accounts. It would, however, mean substantial increases in terms of mortgages, business loans and automobile loans.

Plenty of experts have wondered why consumer spending has yet to increase in Japan. Yet, the reason seems obvious: wages declined by about $4,000 on average per worker from 1995-2005 and then increased by about $400 per worker over 2006. Given that two recent effective tax hikes have taken place, in January 2006 and January 2007, the average worker in Japan simply has less money.

The bigger questions would be: Why haven’t companies been able to increase wages during this period of supposed economy recovery?

PESEK has your answer, Ken:

Abe’s predecessor, Junichiro Koizumi, changed the tone in Tokyo, forcing the need to upgrade an antiquated economic model on change-resistant politicians. Yet Koizumi, who stepped down in September, was a transitional figure. It was always up to his successor to accelerate and broaden efforts to modernize the economy. So far, Abe is failing in this regard.

That can be seen partly in how households aren’t increasing consumption as you would expect by this stage in an expansion. If households had more confidence in the outlook, they might spend more. If consumers trusted politicians to increase GDP or shore up the national pension system, people might save less.

The thing is, foreigners are far more excited about Japan’s recovery than the average Japanese citizen. That’s a problem, considering that the only way for this revival to gain momentum is by increased household spending. Exports can only get Japan so far; domestic demand is a more important dynamic at the moment.

Without faster growth and fatter paychecks, Japan will be hard-pressed to restore fiscal sobriety. Abe is right to want to reduce Japan’s reliance on debt for growth, yet the government’s plans to increase consumption taxes may backfire. The same goes for central-bank policy makers anxious to raise rates. Doing so might damage Japan’s recovery.

Abe’s task is a tall one. A key reason Japan isn’t booming as hoped is that it, like other rich economies, is increasingly facing the dark side of globalization. High-cost nations are being pressured as rarely before by fast-growing developing ones. That competition is reducing the willingness of Japanese executives to boost wages.

Combating that dynamic is a long-term process. It includes increasing productivity among current workers and encouraging more start-up companies to create new jobs. The effort would have a greater chance of success — and its benefits would kick in sooner — if Abe were focused on it. What’s more, Abe needs to improve his public-support rating if he’s going to have clout to build on Japan’s successes of recent years.

PESEK’s somewhat grim recommendations to avoid “economic booms that the average citizen doesn’t benefit from” (my convoluted and liberal translation of “jikkan dekinai keiki”) — a long-term process of productivity boosting and job creation — will assuage the concerns of neither workers nor powerful, large corporations, who both want security, in the forms of stable career paths and guaranteed profits, respectively.

These competing interests are coming to blows in recent days, as the government’s plans to submit a bill that would create a “white collar exemption” — meaning office workers who earn 4 million yen or more (or 9 million depending on what the final bill looks like) annually could no longer be eligible for overtime — have come under intense criticism.
Continue reading “White Collar Exemption” and the danger to the LDP

2ch to be shut down??!?

UPDATE: 2ch might be safe after all.

top12.gifZAKZAK reports that a 35-year-old man who is suing 2 channel founder Hiroyuki Nishimura has filed to put a lien on all Nishimura’s assets, including the 2ch.net domain. The filing comes after months of Nishimura’s complete refusal to respond to any legal actions against him, including judgments ordering him to delete inflammatory posts and even pay compensation.

Nishimura can object to the motion, but if he does not respond 2ch could be shut down in as early as 2 weeks! He may decide to move the 2ch servers to a different domain, but such a move could take up to 2 weeks due to the decentralized nature of the server.

DOUBLE UPDATE: So far it looks like ZAKZAK has the exclusive scoop on the motion to seize Hiroyuki’s assets, and we at MF have the first reporting of the development in English. ZAKZAK’s close connection to the story could stem from their earlier coverage of Hiroyuki’s legal troubles.

UPDATE: A fitting goodbye as any (if it doesn’t show up look at post 34 in this thread):

34 :名無しさん@七周年:2007/01/12(金) 13:48:23 ID:LrUGxQZl0
                                 ∧ ∧   ∧ ∧
   /⌒~~~⌒\                       (   ,,)   (,,・Д・)
 / ( ゚〟д〟゚ )y─┛~~                ~(___ノ  ~(___ノ ,?_
(_ ノ? U  ∩_∩)   THANK YOU 2ch     ┌───────┐   \
  ?___J _J         and          (| ●        ● |      ヽ
  / ̄ ̄ ̄ ̄\  GOOD-BYE 2ch WORLD! /.| .┌▽▽▽▽┐ .|____|__||_| ))
 /     ●  ●、                   ( ┤ .|        | .|□━□ )
 |Y  Y       \ またどこかで会おうね  \.  .└△△△△┘ .|  J  |)
 |.|   |       .▼ |                 | \あ\      | ∀ ノ
 | \/        _人|∧∧∩゛冫、 .∧_∧      |    \り.\     . |  – ′
 |       _/)/)/( ゚Д゚)/ `  . (´∀` )..ヽ(´ー`)ノ  \が\ .   |  )
 \    / 〔/\〕 U  / ∩∩ (    ) (___)    \と.\ .|/
  | | | c(*・_・)  |  |ヽ(´ー`)ノ_|  |  | |   |~ /\.\う\| (-_-)
  (__)_) UUUU /∪∪ (___)(_(__) ◎ ̄ ̄◎─┘ .└──┘.(∩∩)

Aso’s cultural diplomacy: so far so good

If Foreign Minister Taro Aso can keep wonderful photo opportunities like this up, I would support him for prime minister no matter who he might want to nuke:

Aso Bulgarian Sumo l2305389.jpg

Japanese Foreign Minister Taro Aso, front centre, poses with Bulgaria’s sumo wrestlers during the opening ceremony of a donation to Bulgarian Sumo Federaton, in the Bulgarian capital Sofia, Thursday, Jan.

Bulgaria was likely singled out as it’s the home country of star Sumo wrestler Kotooshu. Kotooshu is currently an ozeki, one rank under Yokozuna, though he is unlikely to achieve yokozuna status, the top rank in the sport, for some time (Japanese  Mongolian wrestler Hakuho might make it this year to the delight of people who want to see more Japanese Mongolian faces in the sport).

Aso has made promotion of Japanese cultural exports, chiefly anime and manga, a priority as he sees it integral to cultivating Japan’s “soft power.” You can read the details of his cultural diplomacy ideas (essentially, the main pillar in building a “Japan brand”) here.